(2) may challenge, in any action brought under
any provision of law, any action or inaction by any
department, agency, or other instrumentality of the
United States, any State, or any political subdivision
of a State, on the ground that such action or inac-
tion is inconsistent with the Agreement.
SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF
ENTRY INTO FORCE AND INITIAL REGULA-
TIONS.
(a) IMPLEMENTING ACTIONS.—
(1) PROCLAMATION
AUTHORITY.—After the
date of the enactment of this Act—
(A) the President may proclaim such ac-
tions, and
(B) other appropriate officers of the
United States Government may issue such reg-
ulations,
as may be necessary to ensure that any provision of
this Act, or amendment made by this Act, that takes
effect on the date the Agreement enters into force
is appropriately implemented on such date, but no
such proclamation or regulation may have an effec-
tive date earlier than the date on which the Agree-
ment enters into force.
(2) EFFECTIVE DATE OF CERTAIN PROCLAIMED
ACTIONS.—Any action proclaimed by the President
under the authority of this Act that is not subject
to the consultation and layover provisions under sec-
tion 104, may not take effect before the 15th day
after the date on which the text of the proclamation
is published in the Federal Register.
(3) WAIVER OF 15-DAY RESTRICTION.—The 15-
day restriction in paragraph (2) on the taking effect
of proclaimed actions is waived to the extent that
the application of such restriction would prevent the
taking effect on the date the Agreement enters into
force of any action proclaimed under this section.
(b) INITIAL REGULATIONS.—Initial regulations nec-
essary or appropriate to carry out the actions required by
or authorized under this Act or proposed in the statement
of 
administrative 
action 
submitted 
under 
section
101(a)(2) to implement the Agreement shall, to the max-
imum extent feasible, be issued within 1 year after the
date on which the Agreement enters into force. In the case
of any implementing action that takes effect on a date
after the date on which the Agreement enters into force,
initial regulations to carry out that action shall, to the
maximum extent feasible, be issued within 1 year after
such effective date.
SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR,
AND EFFECTIVE DATE OF, PROCLAIMED AC-
TIONS.
If a provision of this Act provides that the implemen-
tation of an action by the President by proclamation is
subject to the consultation and layover requirements of
this section, such action may be proclaimed only if—
(1) the President has obtained advice regarding
the proposed action from—
(A) the appropriate advisory committees
established under section 135 of the Trade Act
of 1974 (19 U.S.C. 2155); and
(B) the United States International Trade
Commission;
(2) the President has submitted a report to the
Committee on Finance of the Senate and the Com-
mittee on Ways and Means of the House of Rep-
resentatives that sets forth—
(A) the action proposed to be proclaimed
and the reasons therefor; and
(B) the advice obtained under paragraph
(1);
(3) a period of 60 calendar days, beginning on
the first day on which the requirements set forth in
paragraphs (1) and (2) have been met has expired;
and
(4) the President has consulted with such Com-
mittees regarding the proposed action during the pe-
riod referred to in paragraph (3).
SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PRO-
CEEDINGS.
(a) ESTABLISHMENT OR DESIGNATION OF OFFICE.—
The President is authorized to establish or designate with-
in the Department of Commerce an office that shall be
responsible for providing administrative assistance to pan-
els established under chapter 21 of the Agreement. The
office may not be considered to be an agency for purposes
of section 552 of title 5, United States Code.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated for each fiscal year after
fiscal year 2004 to the Department of Commerce such
sums as may be necessary for the establishment and oper-
ations of the office under subsection (a) and for the pay-
ment of the United States share of the expenses of panels
established under chapter 21 of the Agreement.
SEC. 106. EFFECTIVE DATES; EFFECT OF TERMINATION.
(a) EFFECTIVE DATES.—Except as provided in sub-
section (b), the provisions of this Act and the amendments
made by this Act take effect on the date on which the
Agreement enters into force.
(b) EXCEPTIONS.—Sections 1 through 3 and this
title take effect on the date of the enactment of this Act.
(c) TERMINATION
OF
THE AGREEMENT.—On the
date on which the Agreement terminates, the provisions
of this Act (other than this subsection) and the amend-
ments made by this Act shall cease to be effective.
TITLE II—CUSTOMS PROVISIONS
SEC. 201. TARIFF MODIFICATIONS.
(a) TARIFF MODIFICATIONS PROVIDED FOR IN THE
AGREEMENT.—The President may proclaim—
(1) such modifications or continuation of any
duty,
(2) such continuation of duty-free or excise
treatment, or
(3) such additional duties,
as the President determines to be necessary or appropriate
to carry out or apply articles 2.3, 2.5, and 2.6, and Annex
2–B of the Agreement.
(b) OTHER TARIFF MODIFICATIONS.—Subject to the
consultation and layover provisions of section 104, the
President may proclaim—
(1) such modifications or continuation of any
duty,
(2) such modifications as the United States
may agree to with Australia regarding the staging of
any duty treatment set forth in Annex 2–B of the
Agreement,
(3) such continuation of duty-free or excise
treatment, or
(4) such additional duties,
as the President determines to be necessary or appropriate
to maintain the general level of reciprocal and mutually
advantageous concessions with respect to Australia pro-
vided for by the Agreement.
(c) CONVERSION TO AD VALOREM RATES.—For pur-
poses of subsections (a) and (b), with respect to any good
for which the base rate in the Schedule of the United
States to Annex 2–B of the Agreement is a specific or
compound rate of duty, the President may substitute for
the base rate an ad valorem rate that the President deter-
mines to be equivalent to the base rate.
SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRICUL-
TURAL GOODS.
(a) GENERAL PROVISIONS.—
(1) APPLICABILITY OF SUBSECTION.—This sub-
section applies to additional duties assessed under
subsections (b), (c), and (d).
(2) APPLICABLE NTR (MFN) RATE OF DUTY.—
For purposes of subsections (b), (c), and (d), the
term ‘‘applicable NTR (MFN) rate of duty’’ means,