19 USC 3808. President. 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 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 (A) shall, within 120 days after the date of the enactment of this Act, develop written guidelines to facilitate the useful and timely exchange of information between the Trade Representative and the Congressional Oversight Group convened under this section; and (B) may make such revisions to the guidelines 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 Congressional Oversight Group regarding negotiating objectives, including the promotion of certain priorities referred to in section 2102(c), and positions and the status of the applicable negotiations, beginning as soon as practicable after the Congressional Oversight Group is convened, with more frequent briefings as trade negotiations 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 between the Trade Representative and the Congressional Oversight Group at all critical periods during the negotiations, including at negotiation sites; (D) after the applicable trade agreement is concluded, consultation regarding ongoing compliance and enforcement of negotiated commitments under the trade agreement; and (E) the time frame for submitting the report required under section 2102(c)(8). (c) REQUEST FOR MEETING.-Upon the request of a majority of the Congressional Oversight Group, the President shall meet with the Congressional Oversight Group before initiating negotiations with respect to a trade agreement, or at any other time concerning the negotiations. SEC. 2108. ADDITIONAL IMPLEMENTATION AND ENFORCEMENT (a) IN GENERAL.-At the time the President submits to the Congress the final text of an agreement pursuant to section 2105(a)(1)(C), the President shall also submit a plan for implementing and enforcing the agreement. The implementation and enforcement plan shall include the following: (1) BORDER PERSONNEL REQUIREMENTS.-A description of additional personnel required at border entry points, including a list of additional customs and agricultural inspectors. (2) AGENCY STAFFING REQUIREMENTS.-A description 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 Agriculture (including additional personnel required to implement sanitary and phytosanitary measures in order to obtain market access for United States exports), the Department of the Treasury, and such other agencies as may be necessary. (3) CUSTOMS INFRASTRUCTURE REQUIREMENTS.-A description of the additional equipment and facilities needed by the United States Customs Service. (4) IMPACT ON STATE AND LOCAL GOVERNMENTS.-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 paragraphs (1) through (4). (b) BUDGET SUBMISSION.—The President shall include a request President. for the resources necessary to support the plan described in subsection (a) in the first budget that the President submits to the Congress after the submission of the plan. SEC. 2109. COMMITTEE STAFF. The grant of trade promotion authority under this title is likely to increase the activities of the primary committees of jurisdiction in the area of international trade. In addition, the creation of the Congressional Oversight Group under section 2107 will increase the participation of a broader number of Members of Congress in the formulation of United States trade policy and oversight of the international trade agenda for the United States. The primary committees of jurisdiction should have adequate staff to accommodate these increases in activities. SEC. 2110. 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 Competitiveness Act of 1988, or section 282 of the Uruguay Round Agreements Act" and inserting "section 282 of the Uruguay Round Agreements Act, or section 2105(a)(1) of the Bipartisan Trade Promotion Authority Act of 2002". (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 2105(a)(1) of the Bipartisan Trade Promotion Authority Act of 2002". (2) ADVICE FROM INTERNATIONAL TRADE COMMISSION.-Section 131 (19 U.S.C. 2151) is amended (A) in subsection (a)— (i) in paragraph (1), by striking "section 123 of this Act or section 1102 (a) or (c) of the Omnibus Trade and Competitiveness Act of 1988," and inserting "section 123 of this Act or section 2103(a) or (b) of the Bipartisan Trade Promotion Authority Act of 2002,"; and (ii) in paragraph (2), by striking "section 1102 (b) or (c) of the Omnibus Trade and Competitiveness 19 USC 3809. 19 USC 3810. Act of 1988" and inserting "section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002"; (B) in subsection (b), by striking "section 1102(a)(3)(A)” and inserting "section 2103(a)(3)(A) 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 2103 of the Bipartisan 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 2103 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 Competitiveness Act of 1988" and inserting "section 2103 of the Bipartisan Trade Promotion Authority Act of 2002". (5) ADVICE FROM PRIVATE AND PUBLIC SECTORS.-Section 135 (19 U.S.C. 2155) is amended— (A) in subsection (a)(1)(A), by striking "section 1102 of the Omnibus Trade and Competitiveness Act of 1988" and inserting "section 2103 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 2103 of the Bipartisan Trade Promotion Authority Act of 2002"; and (ii) by striking "section 1103(a)(1)(A) of such Act of 1988" and inserting "section 2105(a)(1)(A) of the Bipartisan Trade Promotion Authority Act of 2002"; and (C) in subsection (e)(2), by striking "section 1101 of the Omnibus Trade and Competitiveness Act of 1988" and inserting "section 2102 of the Bipartisan Trade Promotion Authority Act of 2002". (6) TRANSMISSION OF AGREEMENTS TO CONGRESS.-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 2103 of the Bipartisan Trade Promotion Authority Act of 2002". (b) APPLICATION OF CERTAIN PROVISIONS.-For purposes 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 section 2103 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 section 2103 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. 2111. REPORT ON IMPACT OF TRADE PROMOTION AUTHORITY. 19 USC 3811. (a) IN GENERAL.-Not later than 1 year after the date of enact- Deadline. ment of this Act, the International Trade Commission 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 United States of the trade agreements described in subsection (b). (b) AGREEMENTS.-The trade agreements described in this subsection are the following: (1) The United States-Israel Free Trade Agreement. (2) The United States-Canada Free Trade Agreement. (4) The Uruguay Round Agreements. (5) The Tokyo Round of Multilateral Trade Negotiations. SEC. 2112. INTERESTS OF SMALL BUSINESS. The Assistant United States Trade Representative for Industry and Telecommunications shall be responsible for ensuring that the interests of small business are considered in all trade negotiations in accordance with the objective described in section 2102(a)(8). It is the sense of the Congress that the small business functions should be reflected in the title of the Assistant United States Trade Representative assigned the responsibility for small business. SEC. 2113. DEFINITIONS. In this title: (1) AGREEMENT ON AGRICULTURE.-The term “Agreement on Agriculture" means the agreement referred to in section 101(d)(2) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(2)). (2) AGREEMENT ON SAFEGUARDS.-The term "Agreement on Safeguards means the agreement referred to in section 101(d)(12) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(12)). (2) AGREEMENT ON SUBSIDIES AND COUNTERVAILING MEASURES. The term "Agreement on Subsidies and Countervailing Measures" means the agreement referred to in section 101(d)(13) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(13)). (4) ANTIDUMPING AGREEMENT.-The term "Antidumping Agreement" means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 referred to in section 101(d)(7) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(7)). (5) APPELLATE BODY.-The term "Appellate Body" means the Appellate Body established under Article 17.1 of the Dispute Settlement Understanding. (6) CORE LABOR STANDARDS.-The term "core labor standards" means (A) the right of association; (B) the right to organize and bargain collectively; (C) a prohibition on the use of any form of forced. or compulsory labor; (D) a minimum age for the employment of children; and 19 USC 3812. 19 USC 3813. (E) acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health. (7) DISPUTE SETTLEMENT UNDERSTANDING.—The term "Dispute Settlement Understanding" means the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to in section 101(d)(16) of the Uruguay Round Agreements Act. (8) GATT 1994.-The term "GATT 1994" has the meaning given that term in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501). (9) ILO.-The term "ILO" means the International Labor Organization. (10) IMPORT SENSITIVE AGRICULTURAL PRODUCT.-The term "import sensitive agricultural product" means an agricultural product (A) with respect to which, as a result of the Uruguay Round Agreements the rate of duty was the subject of tariff reductions by the United States and, pursuant to such Agreements, was reduced on January 1, 1995, to a rate that was not less than 97.5 percent of the rate of duty that applied to such article on December 31, 1994; or (B) which was subject to a tariff-rate quota on the date of the enactment of this Act. (11) UNITED STATES PERSON.-The term "United States person" means (A) a United States citizen; (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. (12) 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)). (13) WORLD TRADE ORGANIZATION; WTO.-The terms "World Trade Organization" and "WTO" mean the organization established pursuant to the WTO Agreement. (14) WTO AGREEMENT.-The term "WTO Agreement" means the Agreement Establishing the World Trade Organization entered into on April 15, 1994. (15) WTO MEMBER.-The term "WTO member" has the meaning given that term in section 2(10) of the Uruguay Round Agreements Act (19 U.S.C. 3501(10)). |
