122
ployment, and competitive position of industries like-
ly 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 analyses
used and conclusions drawn in such literature, and a
discussion of areas of consensus and divergence be-
tween 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 agree-
ment entered into under section 3(b) shall enter into
force with respect to the United States if (and only
if)—
(A) the President, at least 90 calendar days
before the day on which the President enters into
an agreement—
(i) notifies the House of Representa-
tives and the Senate of the President’s in-
tention to enter into the agreement, and
123
promptly thereafter publishes notice of such
intention in the Federal Register; and
(ii) transmits to the Committee on
Ways and Means of the House of Represent-
atives and the Committee on Finance of the
Senate the notification and report described
in section 4(d)(3) (A) and (B);
(B) within 60 days after entering into the
agreement, the President submits to the Congress
a description of those changes to existing laws
that the President considers would be required in
order to bring the United States into compliance
with the agreement;
(C) after entering into the agreement, the
President submits to the Congress, on a day on
which both Houses of Congress are in session, a
copy of the final legal text of the agreement, to-
gether with—
(i) a draft of an implementing bill de-
scribed in section 3(b)(3);
(ii) a statement of any administrative
action proposed to implement the trade
agreement; and
(iii) the supporting information de-
scribed in paragraph (2); and
124
(D) the implementing bill is enacted into
law.
(2) SUPPORTING INFORMATION.—The supporting
information required under paragraph (1)(C)(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 pur-
poses, policies, priorities, and objectives of
this Act; and
(ii) setting forth the reasons of the
President regarding—
(I) how and to what extent the
agreement makes progress in achieving
the applicable purposes, policies, and
objectives referred to in clause (i);
(II) whether and how the agree-
ment changes provisions of an agree-
ment previously negotiated;
(III) how the agreement serves the
interests of United States commerce;
125
(IV) how the implementing bill
meets the standards set forth in section
3(b)(3);
(V) how and to what extent the
agreement makes progress in achieving
the applicable purposes, policies, and
objectives referred to in section 2(c) re-
garding the promotion of certain prior-
ities; and
(VI) in the event that the reports
described in section 4(b)(3) (C) and
(D) contain any findings that the pro-
posed amendments are inconsistent
with the purposes, policies, and objec-
tives described in section 2(c)(9), an
explanation as to why the President
believes such findings to be incorrect.
(3) RECIPROCAL BENEFITS.—In order to ensure
that a foreign country that is not a party to a trade
agreement entered into under section 3(b) does not re-
ceive benefits under the agreement unless the country
is also subject to the obligations under the agreement,
the implementing bill submitted with respect to the
agreement shall provide that the benefits and obliga-
tions under the agreement apply only to the parties
126
to the agreement, if such application is consistent
with the terms of the agreement. The implementing
bill may also provide that the benefits and obligations
under the agreement do not apply uniformly to all
parties to the agreement, if such application is con-
sistent with the terms of the agreement.
(4) DISCLOSURE OF COMMITMENTS.—Any agree-
ment or other understanding with a foreign govern-
ment or governments (whether oral or in writing)
that—
(A) relates to a trade agreement with re-
spect to which Congress enacts implementing leg-
islation under trade authorities procedures, and
(B) is not disclosed to Congress before legis-
lation implementing that agreement is intro-
duced in either House of Congress,
shall not be considered to be part of the agreement ap-
proved by Congress and shall have no force and effect
under United States law or in any dispute settlement
body.
(b) LIMITATIONS
ON TRADE AUTHORITIES PROCE-
DURES.—
(1) FOR LACK OF NOTICE OR CONSULTATIONS.—
(A) IN
GENERAL.—The trade authorities
procedures shall not apply to any implementing
127
bill submitted with respect to a trade agreement
or trade agreements entered into under section
3(b) if during the 60-day period beginning on
the date that one House of Congress agrees to a
procedural disapproval resolution for lack of no-
tice or consultations with respect to such trade
agreement or agreements, the other House sepa-
rately agrees to a procedural disapproval resolu-
tion with respect to such trade agreement or
agreements.
(B) PROCEDURAL
DISAPPROVAL
RESOLU-
TION.—(i) 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 in accordance with the Bi-
partisan Trade Promotion Authority Act of 2002
on negotiations with respect to llllll
and, therefore, the trade authorities procedures
under that Act shall not apply to any imple-
menting bill submitted with respect to such trade
agreement or agreements.’’, with the blank space
being filled with a description of the trade agree-
ment or agreements with respect to which the
128
President is considered to have failed or refused
to notify or consult.
(ii) For purposes of clause (i), the President
has ‘‘failed or refused to notify or consult in ac-
cordance with the Bipartisan Trade Promotion
Authority Act of 2002’’ on negotiations with re-
spect to a trade agreement or trade agreements
if—
(I) the President has failed or refused
to consult (as the case may be) in accord-
ance with section 4 or 5 with respect to the
negotiations, agreement, or agreements;
(II) guidelines under section 7(b) have
not been developed or met with respect to
the negotiations, agreement, or agreements;
(III) the President has not met with
the Congressional Oversight Group pursu-
ant to a request made under section 7(c)
with respect to the negotiations, agreement,
or agreements; or
(IV) the agreement or agreements fail
to make progress in achieving the purposes,
policies, priorities, and objectives of this
Act.
129
(C) PROCEDURES FOR CONSIDERING RESO-
LUTIONS.—(i) 
Procedural 
disapproval
resolutions—
(I) in the House of Representatives—
(aa) may be introduced by any
Member of the House;
(bb) shall be referred to the Com-
mittee on Ways and Means and, in ad-
dition, to the Committee on Rules; and
(cc) may not be amended by ei-
ther Committee; and
(II) in the Senate—
(aa) may be introduced by any
Member of the Senate.
(bb) shall be referred to the Com-
mittee on Finance; and
(cc) may not be amended.
(ii) 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 a
procedural disapproval resolution introduced
with respect to a trade agreement if no other
procedural disapproval resolution with respect to
that trade agreement has previously been consid-
130
ered under such provisions of section 152 of the
Trade Act of 1974 in that House of Congress
during that Congress.
(iii) It is not in order for the House of Rep-
resentatives to consider any procedural dis-
approval resolution not reported by the Com-
mittee on Ways and Means and, in addition, by
the Committee on Rules.
(iv) It is not in order for the Senate to con-
sider any procedural disapproval resolution not
reported by the Committee on Finance.
(2) FOR FAILURE TO MEET OTHER REQUIRE-
MENTS.—Prior to December 31, 2002, the Secretary of
Commerce shall transmit to Congress a report setting
forth the strategy of the United States for correcting
instances in which dispute settlement panels and the
Appellate Body of the WTO have added to obligations
or diminished rights of the United States, as de-
scribed in section 1(b)(3). Trade authorities proce-
dures shall not apply to any implementing bill with
respect to an agreement negotiated under the auspices
of the WTO, unless the Secretary of Commerce has
issued such report in a timely manner.
131
(c) RULES OF HOUSE OF REPRESENTATIVES AND SEN-
ATE.—Subsection (b) of this section and section 3(c) are
enacted by the Congress—
(1) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such are deemed a part of the rules of each
House, respectively, and such procedures supersede
other rules only to the extent that they are incon-
sistent with such other rules; and
(2) with the full recognition of the constitutional
right of either House to change the rules (so far as re-
lating to the procedures of that House) at any time,
in the same manner, and to the same extent as any
other rule of that House.
SEC. 6. TREATMENT OF CERTAIN TRADE AGREEMENTS FOR
WHICH 
NEGOTIATIONS 
HAVE 
ALREADY
BEGUN.
(a) CERTAIN
AGREEMENTS.—Notwithstanding the
prenegotiation notification and consultation requirement
described in section 4(a), if an agreement to which section
3(b) applies—
(1) is entered into under the auspices of the
World Trade Organization,
(2) is entered into with Chile,
(3) is entered into with Singapore, or
132
(4) establishes a Free Trade Area for the Amer-
icas,
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 authorities pro-
cedures to implementing bills shall be determined
without regard to the requirements of section 4(a) (re-
lating only to 90 days notice prior to initiating nego-
tiations), 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); and
(2) the President shall, as soon as feasible after
the enactment of this Act—
(A) notify the Congress of the negotiations
described in subsection (a), the specific United
States objectives in the negotiations, and whether
the President is seeking a new agreement or
changes to an existing agreement; and
(B) before and after submission of the no-
tice, consult regarding the negotiations with the
133
committees referred to in section 4(a)(2) and the
Congressional Oversight Group.
SEC. 7. CONGRESSIONAL OVERSIGHT GROUP.
(a) MEMBERS AND FUNCTIONS.—
(1) IN GENERAL.—By not later than 60 days
after the date of the enactment of this Act, and not
later than 30 days after the convening of each Con-
gress, the chairman of the Committee on Ways and
Means of the House of Representatives and the chair-
man of the Committee on Finance of the Senate shall
convene the Congressional Oversight Group.
(2) MEMBERSHIP FROM THE HOUSE.—In each
Congress, the Congressional Oversight Group shall be
comprised of the following Members of the House of
Representatives:
(A) The chairman and ranking member of
the Committee on Ways and Means, and 3 addi-
tional members of such Committee (not more
than 2 of whom are members of the same polit-
ical party).
(B) The chairman and ranking member, or
their designees, of the committees of the House of
Representatives which would have, under the
Rules of the House of Representatives, jurisdic-
tion over provisions of law affected by a trade
134
agreement negotiations for which are conducted
at any time during that Congress and to which
this Act would apply.
(3) MEMBERSHIP FROM THE SENATE.—In each
Congress, the Congressional Oversight Group shall
also be comprised of the following members of the Sen-
ate:
(A) The chairman and ranking Member of
the Committee on Finance and 3 additional
members of such Committee (not more than 2 of
whom are members of the same political party).
(B) The chairman and ranking member, or
their designees, of the committees of the Senate
which would have, under the Rules of the Senate,
jurisdiction over provisions of law affected by a
trade agreement negotiations for which are con-
ducted at any time during that Congress and to
which this Act would apply.
(4) ACCREDITATION.—Each member of the Con-
gressional Oversight Group described in paragraph
(2)(A) and (3)(A) shall be accredited by the United
States Trade Representative on behalf of the President
as official advisers to the United States delegation in
negotiations for any trade agreement to which this
Act applies. Each member of the Congressional Over-
135
sight Group described in paragraph (2)(B) and
(3)(B) shall be accredited by the United States Trade
Representative on behalf of the President as official
advisers to the United States delegation in the nego-
tiations by reason of which the member is in the Con-
gressional Oversight Group. The Congressional Over-
sight Group shall consult with and provide advice to
the Trade Representative regarding the formulation of
specific objectives, negotiating strategies and posi-
tions, the development of the applicable trade agree-
ment, and compliance and enforcement of the nego-
tiated commitments under the trade agreement.
(5) CHAIR.—The Congressional Oversight Group
shall be chaired by the Chairman of the Committee on
Ways and Means of the House of Representatives and
the Chairman of the Committee on Finance of the
Senate.
(b) GUIDELINES.—
(1) PURPOSE AND REVISION.—The United States
Trade Representative, in consultation with the chair-
men and ranking minority members of the Committee
on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate—
(A) shall, within 120 days after the date of
the enactment of this Act, develop written guide-
136
lines to facilitate the useful and timely exchange
of information between the Trade Representative
and the Congressional Oversight Group estab-
lished under this section; and
(B) may make such revisions to the guide-
lines as may be necessary from time to time.
(2) CONTENT.—The guidelines developed under
paragraph (1) shall provide for, among other
things—
(A) regular, detailed briefings of the Con-
gressional Oversight Group regarding negoti-
ating objectives, including the promotion of cer-
tain priorities referred to in section 2(c), and
positions and the status of the applicable nego-
tiations, beginning as soon as practicable after
the Congressional Oversight Group is convened,
with more frequent briefings as trade negotia-
tions enter the final stage;
(B) access by members of the Congressional
Oversight Group, and staff with proper security
clearances, to pertinent documents relating to the
negotiations, including classified materials;
(C) the closest practicable coordination be-
tween the Trade Representative and the Congres-
sional Oversight Group at all critical periods
137
during the negotiations, including at negotiation
sites;
(D) after the applicable trade agreement is
concluded, consultation regarding ongoing com-
pliance and enforcement of negotiated commit-
ments under the trade agreement; and
(E) the time frame for submitting the report
required under section 2(c)(8).
(c) REQUEST FOR MEETING.—Upon the request of a
majority of the Congressional Oversight Group, the Presi-
dent shall meet with the Congressional Oversight Group be-
fore initiating negotiations with respect to a trade agree-
ment, or at any other time concerning the negotiations.
SEC. 8. ADDITIONAL IMPLEMENTATION AND ENFORCE-
MENT REQUIREMENTS.
(a) IN GENERAL.—At the time the President submits
to the Congress the final text of an agreement pursuant to
section 5(a)(1)(C), the President shall also submit a plan
for implementing and enforcing the agreement. The imple-
mentation and enforcement plan shall include the following:
(1) BORDER PERSONNEL REQUIREMENTS.—A de-
scription of additional personnel required at border
entry points, including a list of additional customs
and agricultural inspectors.
138
(2) AGENCY STAFFING REQUIREMENTS.—A de-
scription of additional personnel required by Federal
agencies responsible for monitoring and implementing
the trade agreement, including personnel required by
the Office of the United States Trade Representative,
the Department of Commerce, the Department of Ag-
riculture (including additional personnel required to
implement sanitary and phytosanitary measures in
order to obtain market access for United States ex-
ports), the Department of the Treasury, and such
other agencies as may be necessary.
(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 agree-
ment will have on State and local governments as a
result of increases in trade.
(5) COST ANALYSIS.—An analysis of the costs as-
sociated with each of the items listed in paragraphs
(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 that the
139
President submits to the Congress after the submission of
the plan.
SEC. 9. COMMITTEE STAFF.
The grant of trade promotion authority under this Act
is likely to increase the activities of the primary committees
of jurisdiction in the area of international trade. In addi-
tion, the creation of the Congressional Oversight Group
under section 7 will increase the participation of a broader
number of Members of Congress in the formulation of
United States trade policy and oversight of the inter-
national trade agenda for the United States. The primary
committees of jurisdiction should have adequate staff to ac-
commodate these increases in activities.
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, or section 282 of the Uru-
guay Round Agreements Act’’ and inserting ‘‘sec-
tion 282 of the Uruguay Round Agreements Act,
or section 5(a)(1) of the Bipartisan Trade Pro-
motion Authority Act of 2002’’.
140
(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 Bipar-
tisan Trade Promotion Authority Act of 2002’’.
(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
Bipartisan Trade Promotion Authority Act
of 2002,’’; 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 Bipartisan
Trade Promotion Authority Act of 2002’’;
(B) in subsection (b), by striking ‘‘section
1102(a)(3)(A)’’ and inserting ‘‘section 3(a)(3)(A)
141
of the Bipartisan Trade Promotion Authority
Act of 2002’’; and
(C) in subsection (c), by striking ‘‘section
1102 of the Omnibus Trade and Competitiveness
Act of 1988,’’ and inserting ‘‘section 3 of the Bi-
partisan Trade Promotion Authority Act of
2002,’’.
(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 Bipartisan Trade Promotion Authority Act of
2002,’’.
(4) 
PREREQUISITES
FOR
OFFERS.—Section
134(b) (19 U.S.C. 2154(b)) is amended by striking
‘‘section 1102 of the Omnibus Trade and Competitive-
ness Act of 1988’’ and inserting ‘‘section 3 of the Bi-
partisan Trade Promotion Authority Act of 2002’’.
(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
142
3 of the Bipartisan Trade Promotion Authority
Act of 2002’’;
(B) in subsection (e)(1)—
(i) by striking ‘‘section 1102 of the
Omnibus Trade and Competitiveness Act of
1988’’ each place it appears and inserting
‘‘section 3 of the Bipartisan Trade Pro-
motion Authority Act of 2002’’; and
(ii) by striking ‘‘not later than the
date on which the President notifies the
Congress under section 1103(a)(1)(A) of
such Act of 1988 of his intention to enter
into that agreement’’ and inserting ‘‘not
later than the date that is 30 days after the
date on which the President notifies the
Congress under section 5(a)(1)(A) of the Bi-
partisan Trade Promotion Authority Act of
2002 of the President’s intention to enter
into that agreement’’; and
(C) in subsection (e)(2), by striking ‘‘section
1101 of the Omnibus Trade and Competitiveness
Act of 1988’’ and inserting ‘‘section 2 of the Bi-
partisan Trade Promotion Authority Act of
2002’’.
143
(6) TRANSMISSION
OF
AGREEMENTS
TO
CON-
GRESS.—Section 162(a) (19 U.S.C. 2212(a)) is
amended by striking ‘‘or under section 1102 of the
Omnibus Trade and Competitiveness Act of 1988’’
and inserting ‘‘or under section 3 of the Bipartisan
Trade Promotion Authority Act of 2002’’.
(b) APPLICATION OF CERTAIN PROVISIONS.—For pur-
poses of applying sections 125, 126, and 127 of the Trade
Act of 1974 (19 U.S.C. 2135, 2136(a), and 2137)—
(1) any trade agreement entered into under sec-
tion 3 shall be treated as an agreement entered into
under section 101 or 102, as appropriate, of the
Trade Act of 1974 (19 U.S.C. 2111 or 2112); and
(2) any proclamation or Executive order issued
pursuant to a trade agreement entered into under sec-
tion 3 shall be treated as a proclamation or Executive
order issued pursuant to a trade agreement entered
into under section 102 of the Trade Act of 1974.
SEC. 11. REPORT ON IMPACT OF TRADE PROMOTION AU-
THORITY.
(a) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the International Trade Commis-
sion shall report to the Committee on Finance of the Senate
and the Committee on Ways and Means of the House of
Representatives regarding the economic impact on the
144
United States of the trade agreements described in sub-
section (b).
(b) AGREEMENTS.—The trade agreements described in
this subsection are:
(1) The United States-Israel Free Trade Agree-
ment.
(2) The United States-Canada Free Trade Agree-
ment.
(3) The North American Free Trade Agreement.
(4) The Uruguay Round Agreements.
(5) The Tokyo Round of Multilateral Trade Ne-
gotiations.
SEC. 12. IDENTIFICATION OF SMALL BUSINESS ADVOCATE
AT WTO.
(a) IN GENERAL.—The United States Trade Rep-
resentative shall pursue the identification of a small busi-
ness advocate at the World Trade Organization Secretariat
to examine the impact of WTO agreements on the interests
of small- and medium-sized enterprises, address the con-
cerns of small- and medium-sized enterprises, and rec-
ommend ways to address those interests in trade negotia-
tions involving the World Trade Organization.
(b) ASSISTANT TRADE REPRESENTATIVE.—The Assist-
ant United States Trade Representative for Industry and
Telecommunications shall be responsible for ensuring that