US (United States) Code. Title 19. Chapter 24: Bipartisan trade promotion authority

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Customs duties

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19 USC CHAPTER 24 - BIPARTISAN TRADE PROMOTION AUTHORITY 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 24 - BIPARTISAN TRADE PROMOTION AUTHORITY

.

-HEAD-

CHAPTER 24 - BIPARTISAN TRADE PROMOTION AUTHORITY

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Sec.

3801. Short title and findings.

(a) Short title.

(b) Findings.

3802. Trade negotiating objectives.

(a) Overall trade negotiating objectives.

(b) Principal trade negotiating objectives.

(c) Promotion of certain priorities.

(d) Consultations.

(e) Adherence to obligations under Uruguay Round

Agreements.

3803. Trade agreements authority.

(a) Agreements regarding tariff barriers.

(b) Agreements regarding tariff and nontariff

barriers.

(c) Extension disapproval process for Congressional

trade authorities procedures.

(d) Commencement of negotiations.

3804. Consultations and assessment.

(a) Notice and consultation before negotiation.

(b) Negotiations regarding agriculture.

(c) Negotiations regarding textiles.

(d) Consultation with Congress before agreements

entered into.

(e) Advisory Committee reports.

(f) ITC assessment.

3805. Implementation of trade agreements.

(a) In general.

(b) Limitations on trade authorities procedures.

(c) Rules of House of Representatives and Senate.

3806. Treatment of certain trade agreements for which negotiations

have already begun.

(a) Certain agreements.

(b) Treatment of agreements.

3807. Congressional Oversight Group.

(a) Members and functions.

(b) Guidelines.

(c) Request for meeting.

3808. Additional implementation and enforcement requirements.

(a) In general.

(b) Budget submission.

3809. Committee staff.

3810. Application of certain provisions.

3811. Report on impact of trade promotion authority.

(a) In general.

(b) Agreements.

3812. Interests of small business.

3813. Definitions.

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19 USC Sec. 3801 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 24 - BIPARTISAN TRADE PROMOTION AUTHORITY

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Sec. 3801. Short title and findings

-STATUTE-

(a) Short title

This chapter may be cited as the ''Bipartisan Trade Promotion

Authority Act of 2002''.

(b) Findings

The Congress makes the following findings:

(1) The expansion of international trade is vital to the

national security of the United States. Trade is critical to the

economic growth and strength of the United States and to its

leadership in the world. Stable trading relationships promote

security and prosperity. Trade agreements today serve the same

purposes that security pacts played during the Cold War, binding

nations together through a series of mutual rights and

obligations. Leadership by the United States in international

trade fosters open markets, democracy, and peace throughout the

world.

(2) The national security of the United States depends on its

economic security, which in turn is founded upon a vibrant and

growing industrial base. Trade expansion has been the engine of

economic growth. Trade agreements maximize opportunities for the

critical sectors and building blocks of the economy of the United

States, such as information technology, telecommunications and

other leading technologies, basic industries, capital equipment,

medical equipment, services, agriculture, environmental

technology, and intellectual property. Trade will create new

opportunities for the United States and preserve the unparalleled

strength of the United States in economic, political, and

military affairs. The United States, secured by expanding trade

and economic opportunities, will meet the challenges of the

twenty-first century.

(3) Support for continued trade expansion requires that dispute

settlement procedures under international trade agreements not

add to or diminish the rights and obligations provided in such

agreements. Therefore -

(A) the recent pattern of decisions by dispute settlement

panels of the WTO and the Appellate Body to impose obligations

and restrictions on the use of antidumping, countervailing, and

safeguard measures by WTO members under the Antidumping

Agreement, the Agreement on Subsidies and Countervailing

Measures, and the Agreement on Safeguards has raised concerns;

and

(B) the Congress is concerned that dispute settlement panels

of the WTO and the Appellate Body appropriately apply the

standard of review contained in Article 17.6 of the Antidumping

Agreement, to provide deference to a permissible interpretation

by a WTO member of provisions of that Agreement, and to the

evaluation by a WTO member of the facts where that evaluation

is unbiased and objective and the establishment of the facts is

proper.

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(Pub. L. 107-210, div. B, title XXI, Sec. 2101, Aug. 6, 2002, 116

Stat. 993.)

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REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

''This title'', meaning title XXI of Pub. L. 107-210, div. B, Aug.

6, 2002, 116 Stat. 993, which enacted this chapter and amended

sections 2151 to 2155, 2191, and 2212 of this title. For complete

classification of title XXI to the Code, see Tables.

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SHORT TITLE

Pub. L. 107-210, Sec. 1, Aug. 6, 2002, 116 Stat. 933, provided

that: ''This Act (see Tables for classification) may be cited as

the 'Trade Act of 2002'.''

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EX. ORD. NO. 13277. DELEGATION OF CERTAIN AUTHORITIES AND

ASSIGNMENT OF CERTAIN FUNCTIONS UNDER THE TRADE ACT OF 2002

Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States, including the Trade Act of 2002

(the ''Act'') (Public Law 107-210) (see Short Title note above) and

section 301 of title 3, United States Code, it is hereby ordered as

follows:

Section 1. Trade Promotion. (a) Except as provided in subsections

(b) and (c) of this section, the authorities granted to and

functions specifically assigned to the President under Division B

of the Act (19 U.S.C. 3801 et seq.) are delegated and assigned,

respectively, to the United States Trade Representative (U.S. Trade

Representative).

(b) The exercise of the following authorities of, and functions

specifically assigned to the President, under Division B of the Act

are reserved to the President:

(1) Section 2102(c)(1), (c)(6), (c)(10) and (e) of the Act (19

U.S.C. 3802(c)(1), (6), (10), (e));

(2) Section 2103(a)(1), (a)(4), (a)(6), b(1) ((b)(1)),

(c)(1)(B)(i), and (c)(2) of the Act (19 U.S.C. 3803(a)(1), (4),

(6), (b)(1), (c)(1)(B)(i), (2));

(3) Section 2105(a)(1) of the Act (19 U.S.C. 3805(a)(1)); and

(4) Section 2108(b) of the Act (19 U.S.C. 3808(b)).

(c)(i) The Secretary of State, in consultation with the Secretary

of Labor and the U.S. Trade Representative, shall carry out the

functions of section 2102(c)(2) of the Act (19 U.S.C. 3802(c)(2))

with respect to establishing consultative mechanisms. The U.S.

Trade Representative, in consultation with the Secretary of State

and the Secretary of Labor, shall carry out the reporting function

under section 2102(c)(2).

(ii) The Secretary of State, in consultation with the U.S. Trade

Representative, shall carry out the functions under section

2102(c)(3) of the Act with respect to establishing consultative

mechanisms, with the advice and assistance of the Secretary of the

Interior, the Secretary of Health and Human Services, the

Administrator of the Environmental Protection Agency, the Secretary

of Commerce and, as the Secretary of State determines appropriate,

the heads of such other departments and agencies. The U.S. Trade

Representative, in consultation with the Secretary of State, shall

carry out the reporting function under section 2103(c)(3) (19

U.S.C. 3803(c)(3)).

(iii) The U.S. Trade Representative shall carry out the functions

under section 2102(c)(5) of the Act. The U.S. Trade Representative

shall, in consultation with the Secretary of Labor, carry out the

reporting function and the function of making a report available

under section 2102(c)(5).

(iv) The Secretary of Labor shall carry out section 2102(c)(7) of

the Act, in consultation with the Secretary of State.

(v) The Secretary of Labor, in consultation with the Secretary of

State and the U.S. Trade Representative, shall carry out the

functions under section 2102(c)(8) and (c)(9).

(vi) The Secretary of the Treasury shall carry out section

2102(c)(12) of the Act, including any appropriate consultations

with the Congress relating thereto.

Sec. 2. Andean Trade. (a) Except as provided in subsection (b) of

this section, the authorities granted and the functions

specifically assigned to the President under Division C of the Act

(see Short Title of 2002 Amendment note set out under section 3201

of this title) are delegated and assigned respectively, to the U.S.

Trade Representative, in consultation with the Secretaries of

State, Commerce, the Treasury, and Labor.

(b) The exercise of the following authorities of, and functions

specifically assigned to, the President under Division C of the Act

are reserved to the President:

(i) The authority to proclaim under sections 204(b)(1) and

204(b)(3)(B)(ii), and the authority to designate beneficiary

countries under section 204(b)(6)(B), of the Andean Trade

Preference Act (19 U.S.C. 3203(b)(1), (3)(B)(ii), (6)(B)) as

amended by section 3103(a)(2) of the Act; and

(ii) The authority to make determinations under section

203(e)(1)(B) of the Andean Trade Preference Act (19 U.S.C.

3202(e)(1)(B)) as amended by section 3103(b) of the Act.

(c) The head of the executive department of which the United

States Customs Service is a part shall take such actions to carry

out determinations and actions pursuant to the Andean Trade

Preference Act, as amended (19 U.S.C. 3201 et seq.), as directed

pursuant to the authority delegated to the U.S. Trade

Representative under this order.

Sec. 3. Guidance for Exercising Authority and Performing Duties.

(a) Nothing in this order shall be construed to impair or otherwise

affect the functions of the Director of the Office of Management

and Budget relating to budget, administrative, or legislative

proposals.

(b) In exercising authority delegated by, or performing functions

assigned in, this order, and in performing duties related to the

trade agreements program as defined in Executive Order 11846 (19

U.S.C. 2111 note), officers of the United States:

(i) Shall ensure that all actions taken by them are consistent

with the President's constitutional authority to (A) conduct the

foreign affairs of the United States, including the commencement,

conduct, and termination of negotiations with foreign countries

and international organizations, (B) withhold information the

disclosure of which could impair the foreign relations, the

national security, the deliberative processes of the Executive,

or the performance of the Executive's constitutional duties, (C)

recommend for congressional consideration such measures as the

President may judge necessary or expedient, and (D) supervise the

unitary executive branch;

(ii) May redelegate authority delegated by this order and may

further assign functions assigned by this order to officers of

any other department or agency within the executive branch to the

extent permitted by law and such redelegation or further

assignment shall be published in the Federal Register; and

(iii) Shall consult the Attorney General as appropriate in

implementing this subsection.

Sec. 4. (Amended Ex. Ord. No. 11846, set out as a note under

section 2111 of this title.)

Sec. 5. Judicial Review. This order is intended only to improve

the internal management of the Federal Government and is not

intended to, and does not, create any right or benefit, substantive

or procedural, enforceable at law or equity by a party against the

United States, its departments, agencies, instrumentalities or

entities, its officers or employees, or any other person.

George W. Bush.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3805 of this title.

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19 USC Sec. 3802 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 24 - BIPARTISAN TRADE PROMOTION AUTHORITY

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Sec. 3802. Trade negotiating objectives

-STATUTE-

(a) Overall trade negotiating objectives

The overall trade negotiating objectives of the United States for

agreements subject to the provisions of section 3803 of this title

are -

(1) to obtain more open, equitable, and reciprocal 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 international trading

disciplines and procedures, including dispute settlement;

(4) to foster economic growth, raise living standards, and

promote full employment in the United States and to enhance the

global economy;

(5) to ensure that trade and environmental policies are

mutually supportive and to seek to protect and preserve the

environment and enhance the international means of doing so,

while optimizing the use of the world's resources;

(6) to promote respect for worker rights and the rights of

children consistent with core labor standards of the ILO (as

defined in section 3813(6) of this title) and an understanding of

the relationship between trade and worker rights;

(7) to seek provisions in trade agreements under which parties

to those agreements strive to ensure that they do not weaken or

reduce the protections afforded in domestic environmental and

labor laws as an encouragement for trade;

(8) to ensure that trade agreements afford small businesses

equal access to international markets, equitable trade benefits,

and expanded export market opportunities, and provide for the

reduction or elimination of trade barriers that

disproportionately impact small businesses; and

(9) to promote universal ratification and full compliance with

ILO Convention No. 182 Concerning the Prohibition and Immediate

Action for the Elimination of the Worst Forms of Child Labor.

(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 opportunities for United

States exports and to obtain fairer and more open conditions of

trade by reducing or eliminating tariff and nontariff barriers

and policies and practices of foreign governments 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 nontariff barrier

elimination agreements, with particular attention to those

tariff categories covered in section 3521(b) of this title.

(2) Trade in services

The principal negotiating objective of the United States

regarding trade in services is to reduce or eliminate barriers to

international trade in services, including regulatory and other

barriers that deny national treatment and market access or

unreasonably restrict the establishment or operations of service

suppliers.

(3) Foreign investment

Recognizing that United States law on the whole provides a high

level of protection for investment, consistent with or greater

than the level required by international law, the principal

negotiating objectives of the United States regarding foreign

investment are to reduce or eliminate artificial or

trade-distorting barriers to foreign investment, while ensuring

that foreign investors in the United States are not accorded

greater substantive rights with respect to investment protections

than United States investors in the United States, and to secure

for investors important rights comparable to those that would be

available under United States legal principles and practice, 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, forced

technology transfers, and other unreasonable barriers to the

establishment and operation of investments;

(D) seeking to establish standards for expropriation and

compensation for expropriation, consistent with United States

legal principles and practice;

(E) seeking to establish standards for fair and equitable

treatment consistent with United States legal principles and

practice, including the principle of due process;

(F) providing meaningful procedures for resolving investment

disputes;

(G) seeking to improve mechanisms used to resolve disputes

between an investor and a government through -

(i) mechanisms to eliminate frivolous claims and to deter

the filing of frivolous claims;

(ii) procedures to ensure the efficient selection of

arbitrators and the expeditious disposition of claims;

(iii) procedures to enhance opportunities for public input

into the formulation of government positions; and

(iv) providing for an appellate body or similar mechanism

to provide coherence to the interpretations of investment

provisions in trade agreements; and

(H) ensuring the fullest measure of transparency in the

dispute settlement mechanism, to the extent consistent with the

need to protect information that is classified or business

confidential, by -

(i) ensuring that all requests for dispute settlement are

promptly made public;

(ii) ensuring that -

(I) all proceedings, submissions, findings, and decisions

are promptly made public; and

(II) all hearings are open to the public; and

(iii) establishing a mechanism for acceptance of amicus

curiae submissions from businesses, unions, and

nongovernmental organizations.

(4) Intellectual property

The principal negotiating objectives of the United States

regarding trade-related intellectual property are -

(A) to further promote adequate and effective 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 3511(d)(15) of this title,

particularly with respect to meeting enforcement obligations

under that agreement; and

(II) ensuring that the provisions of any multilateral or

bilateral trade agreement governing intellectual property

rights that is entered into by the United States reflect a

standard of protection similar to that found in United States

law;

(ii) providing strong protection for new and emerging

technologies and new methods of transmitting and distributing

products embodying intellectual property;

(iii) preventing or eliminating discrimination with respect

to matters affecting the availability, acquisition, scope,

maintenance, use, and enforcement of intellectual property

rights;

(iv) ensuring that standards of protection and enforcement

keep pace with technological developments, and in particular

ensuring that rightholders have the legal and technological

means to control the use of their works through the Internet

and other global communication media, and to prevent the

unauthorized use of their works; and

(v) providing strong enforcement of intellectual property

rights, including through accessible, expeditious, and

effective civil, administrative, and criminal enforcement

mechanisms;

(B) to secure fair, equitable, and nondiscriminatory market

access opportunities for United States persons that rely upon

intellectual property protection; and

(C) to respect the Declaration on the TRIPS Agreement and

Public Health, adopted by the World Trade Organization at the

Fourth Ministerial Conference at Doha, Qatar on November 14,

2001.

(5) Transparency

The principal negotiating objective of the United States with

respect to transparency is to obtain wider and broader

application of the principle of transparency through -

(A) increased and more timely public access to information

regarding trade issues and the activities of international

trade institutions;

(B) increased openness at the WTO and other international

trade fora by increasing public access to appropriate meetings,

proceedings, and submissions, including with regard to dispute

settlement and investment; and

(C) increased and more timely public access to all

notifications and supporting documentation submitted by parties

to the WTO.

(6) Anti-corruption

The principal negotiating objectives of the United States with

respect to the use of money or other things of value to influence

acts, decisions, or omissions of foreign governments or officials

or to secure any improper advantage in a manner affecting trade

are -

(A) to obtain high standards and appropriate domestic

enforcement mechanisms applicable to persons from all countries

participating in the applicable trade agreement that prohibit

such attempts to influence acts, decisions, or omissions of

foreign governments; and

(B) to ensure that such standards do not place United States

persons at a competitive disadvantage in international trade.

(7) Improvement of the WTO and multilateral trade agreements

The principal negotiating objectives of the United States

regarding the improvement of the World Trade Organization, the

Uruguay Round Agreements, and other multilateral and bilateral

trade agreements are -

(A) to achieve full implementation and extend the coverage of

the World Trade Organization and such agreements to products,

sectors, and conditions of trade not adequately covered; and

(B) to expand country participation in and enhancement of the

Information Technology Agreement and other trade agreements.

(8) Regulatory practices

The principal negotiating objectives of the United States

regarding the use of government regulation or other practices by

foreign governments to provide a competitive advantage to their

domestic producers, service providers, or investors and thereby

reduce market access for United States goods, services, and

investments are -

(A) to achieve increased transparency and opportunity for the

participation of affected parties in the development of

regulations;

(B) to require that proposed regulations be based on sound

science, cost-benefit analysis, risk assessment, or other

objective evidence;

(C) to establish consultative mechanisms among parties to

trade agreements to promote increased transparency in

developing guidelines, rules, regulations, and laws for

government procurement and other regulatory regimes; and

(D) to achieve the elimination of government measures such as

price controls and reference pricing which deny full market

access for United States products.

(9) Electronic commerce

The principal negotiating objectives of the United States with

respect to electronic commerce are -

(A) to ensure that current obligations, rules, disciplines,

and commitments under the World Trade Organization apply to

electronic commerce;

(B) to ensure that -

(i) electronically delivered goods and services receive no

less favorable treatment under trade rules and commitments

than like products delivered in physical form; and

(ii) the classification of such goods and services ensures

the most liberal trade treatment possible;

(C) to ensure that governments refrain from implementing

trade-related measures that impede electronic commerce;

(D) where legitimate policy objectives require domestic

regulations that affect electronic commerce, to obtain

commitments that any such regulations are the least restrictive

on trade, nondiscriminatory, and transparent, and promote an

open market environment; and

(E) to extend the moratorium of the World Trade Organization

on duties on electronic transmissions.

(10) Reciprocal trade in agriculture

(A) The principal negotiating objective of the United States

with respect to agriculture is to obtain competitive

opportunities for United States exports of agricultural

commodities in foreign markets substantially equivalent to the

competitive opportunities afforded foreign exports in United

States markets and to achieve fairer and more open conditions of

trade in bulk, specialty crop, and value-added commodities by -

(i) reducing or eliminating, by a date certain, tariffs or

other charges that decrease market opportunities for United

States exports -

(I) giving priority to those products that are subject to

significantly higher tariffs or subsidy regimes of major

producing countries; and

(II) providing reasonable adjustment periods for United

States import-sensitive products, in close consultation with

the Congress on such products before initiating tariff

reduction negotiations;

(ii) reducing tariffs to levels that are the same as or lower

than those in the United States;

(iii) reducing or eliminating subsidies that decrease market

opportunities for United States exports or unfairly distort

agriculture markets to the detriment of the United States;

(iv) allowing the preservation of programs that support

family farms and rural communities but do not distort trade;

(v) developing disciplines for domestic support programs, so

that production that is in excess of domestic food security

needs is sold at world prices;

(vi) eliminating government policies that create

price-depressing surpluses;

(vii) eliminating state trading enterprises whenever

possible;

(viii) developing, strengthening, and clarifying rules and

effective dispute settlement mechanisms to eliminate practices

that unfairly decrease United States market access

opportunities or distort agricultural markets to the detriment

of the United States, particularly with respect to

import-sensitive products, including -

(I) unfair or trade-distorting activities of state trading

enterprises and other administrative mechanisms, with

emphasis on requiring price transparency in the operation of

state trading enterprises and such other mechanisms in order

to end cross subsidization, price discrimination, and price

undercutting;

(II) unjustified trade restrictions or commercial

requirements, such as labeling, that affect new technologies,

including biotechnology;

(III) unjustified sanitary or phytosanitary restrictions,

including those not based on scientific principles in

contravention of the Uruguay Round Agreements;

(IV) other unjustified technical barriers to trade; and

(V) restrictive rules in the administration of tariff rate

quotas;

(ix) eliminating practices that adversely affect trade in

perishable or cyclical products, while improving import relief

mechanisms to recognize the unique characteristics of

perishable and cyclical agriculture;

(x) ensuring that import relief mechanisms for perishable and

cyclical agriculture are as accessible and timely to growers in

the United States as those mechanisms that are used by other

countries;

(xi) taking into account whether a party to the negotiations

has failed to adhere to the provisions of already existing

trade agreements with the United States or has circumvented

obligations under those agreements;

(xii) taking into account whether a product is subject to

market distortions by reason of a failure of a major producing

country to adhere to the provisions of already existing trade

agreements with the United States or by the circumvention by

that country of its obligations under those agreements;

(xiii) otherwise ensuring that countries that accede to the

World Trade Organization have made meaningful market

liberalization commitments in agriculture;

(xiv) taking into account the impact that agreements covering

agriculture to which the United States is a party, including

the North American Free Trade Agreement, have on the United

States agricultural industry;

(xv) maintaining bona fide food assistance programs and

preserving United States market development and export credit

programs; and

(xvi) striving to complete a general multilateral round in

the World Trade Organization by January 1, 2005, and seeking

the broadest market access possible in multilateral, regional,

and bilateral negotiations, recognizing the effect that

simultaneous sets of negotiations may have on United States

import-sensitive commodities (including those subject to

tariff-rate quotas).

(B)(i) Before commencing negotiations with respect to

agriculture, the United States Trade Representative, in

consultation with the Congress, shall seek to develop a position

on the treatment of seasonal and perishable agricultural products

to be employed in the negotiations in order to develop an

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) During any negotiations on agricultural subsidies, the

United States Trade Representative shall seek to establish the

common base year for calculating the Aggregated Measurement of

Support (as defined in the Agreement on Agriculture) as the end

of each country's Uruguay Round implementation period, as

reported in each country's Uruguay Round market access schedule.

(iii) The negotiating objective provided in subparagraph (A)

applies with respect to agricultural matters to be addressed in

any trade agreement entered into under section 3803(a) or (b) of

this title, including any trade agreement entered into under

section 3803(a) or (b) of this title 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.

(11) Labor and the environment

The principal negotiating objectives of the United States with

respect to labor and the environment are -

(A) to ensure that a party to a trade agreement with the

United States does not fail to effectively enforce its

environmental or labor laws, through a sustained or recurring

course of action or inaction, in a manner affecting trade

between the United States and that party after entry into force

of a trade agreement between those countries;

(B) to recognize that parties to a trade agreement retain the

right to exercise discretion with respect to investigatory,

prosecutorial, regulatory, and compliance matters and to make

decisions regarding the allocation of resources to enforcement

with respect to other labor or environmental matters determined

to have higher priorities, and to recognize that a country is

effectively enforcing its laws if a course of action or

inaction reflects a reasonable exercise of such discretion, or

results from a bona fide decision regarding the allocation of

resources, and no retaliation may be authorized based on the

exercise of these rights or the right to establish domestic

labor standards and levels of environmental protection;

(C) to strengthen the capacity of United States trading

partners to promote respect for core labor standards (as

defined in section 3813(6) of this title);

(D) to strengthen the capacity of United States trading

partners to protect the environment through the promotion of

sustainable development;

(E) to reduce or eliminate government practices or policies

that unduly threaten sustainable development;

(F) to seek market access, through the elimination of tariffs

and nontariff barriers, for United States environmental

technologies, goods, and services; and

(G) to ensure that labor, environmental, health, or safety

policies and practices of the parties to trade agreements with

the United States do not arbitrarily or unjustifiably

discriminate against United States exports or serve as

disguised barriers to trade.

(12) Dispute settlement and enforcement

The principal negotiating objectives of the United States with

respect to dispute settlement and enforcement of trade agreements

are -

(A) to seek provisions in trade agreements providing for

resolution of disputes between governments under those trade

agreements in an effective, timely, transparent, equitable, and

reasoned manner, requiring determinations based on facts and

the principles of the agreements, with the goal of increasing

compliance with the agreements;

(B) to seek to strengthen the capacity of the Trade Policy

Review Mechanism of the World Trade Organization to review

compliance with commitments;

(C) to seek adherence by panels convened under the Dispute

Settlement Understanding and by the Appellate Body to the

standard of review applicable under the Uruguay Round Agreement

involved in the dispute, including greater deference, where

appropriate, to the fact-finding and technical expertise of

national investigating authorities;

(D) to seek provisions encouraging the early identification

and settlement of disputes through consultation;

(E) to seek provisions to encourage the provision of

trade-expanding compensation if a party to a dispute under the

agreement does not come into compliance with its obligations

under the agreement;

(F) to seek provisions to impose a penalty upon a party to a

dispute under the agreement that -

(i) encourages compliance with the obligations of the

agreement;

(ii) is appropriate to the parties, nature, subject matter,

and scope of the violation; and

(iii) has the aim of not adversely affecting parties or

interests not party to the dispute while maintaining the

effectiveness of the enforcement mechanism; and

(G) to seek provisions that treat United States principal

negotiating objectives equally with respect to -

(i) the ability to resort to dispute settlement under the

applicable agreement;

(ii) the availability of equivalent dispute settlement

procedures; and

(iii) the availability of equivalent remedies.

(13) WTO extended negotiations

The principal negotiating objectives of the United States

regarding trade in civil aircraft are those set forth in section

3555(c) of this title and regarding rules of origin are the

conclusion of an agreement described in section 3552 of this

title.

(14) Trade remedy laws

The principal negotiating objectives of the United States with

respect to trade remedy laws are -

(A) to preserve the ability of the United States to enforce

rigorously its trade laws, including the antidumping,

countervailing duty, and safeguard laws, and avoid agreements

that lessen the effectiveness of domestic and international

disciplines on unfair trade, especially dumping and subsidies,

or that lessen the effectiveness of domestic and international

safeguard provisions, 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; and

(B) to address and remedy market distortions that lead to

dumping and subsidization, including overcapacity,

cartelization, and market-access barriers.

(15) Border taxes

The principal negotiating objective of the United States

regarding border taxes is to obtain a revision of the WTO rules

with respect to the treatment of border adjustments for internal

taxes to redress the disadvantage to countries relying primarily

on direct taxes for revenue rather than indirect taxes.

(16) Textile negotiations

The principal negotiating objectives of the United States with

respect to trade in textiles and apparel articles are to obtain

competitive opportunities for United States exports of textiles

and apparel in foreign markets substantially equivalent to the

competitive opportunities afforded foreign exports in United

States markets and to achieve fairer and more open conditions of

trade in textiles and apparel.

(17) Worst forms of child labor

The principal negotiating objective of the United States with

respect to the trade-related aspects of the worst forms of child

labor are to seek commitments by parties to trade agreements to

vigorously enforce their own laws prohibiting the worst forms of

child labor.

(c) Promotion of certain priorities

In order to address and maintain United States competitiveness in

the global economy, the President shall -

(1) seek greater cooperation between the WTO and the ILO;

(2) seek to establish consultative mechanisms among parties to

trade agreements to strengthen the capacity of United States

trading partners to promote respect for core labor standards (as

defined in section 3813(6) of this title) and to promote

compliance with ILO Convention No. 182 Concerning the Prohibition

and Immediate Action for the Elimination of the Worst Forms of

Child Labor, and report to the Committee on Ways and Means of the

House of Representatives and the Committee on Finance of the

Senate on the content and operation of such mechanisms;

(3) seek to establish consultative mechanisms among parties to

trade agreements to strengthen the capacity of United States

trading partners to develop and implement standards for the

protection of the environment and human health based on sound

science, and report to the Committee on Ways and Means of the

House of Representatives and the Committee on Finance of the

Senate on the content and operation of such mechanisms;

(4) conduct environmental reviews of future trade and

investment agreements, consistent with Executive Order 13141 of

November 16, 1999, and its relevant guidelines, and report to the

Committee on Ways and Means of the House of Representatives and

the Committee on Finance of the Senate on such reviews;

(5) review the impact of future trade agreements on United

States employment, including labor markets, modeled after

Executive Order 13141 to the extent appropriate in establishing

procedures and criteria, report to the Committee on Ways and

Means of the House of Representatives and the Committee on

Finance of the Senate on such review, and make that report

available to the public;

(6) take into account other legitimate United States domestic

objectives including, but not limited to, the protection of

legitimate health or safety, essential security, and consumer

interests and the law and regulations related thereto;

(7) direct the Secretary of Labor to consult with any country

seeking a trade agreement with the United States concerning that

country's labor laws and provide technical assistance to that

country if needed;

(8) in connection with any trade negotiations entered into

under this Act, submit to the Committee on Ways and Means of the

House of Representatives and the Committee on Finance of the

Senate a meaningful labor rights report of the country, or

countries, with respect to which the President is negotiating, on

a time frame determined in accordance with section 3807(b)(2)(E)

of this title;

(9) with respect to any trade agreement which the President

seeks to implement under trade authorities procedures, submit to

the Congress a report describing the extent to which the country

or countries that are parties to the agreement have in effect

laws governing exploitative child labor;

(10) continue to promote consideration of multilateral

environmental agreements and consult with parties to such

agreements regarding the consistency of any such agreement that

includes trade measures with existing environmental exceptions

under Article XX of the GATT 1994;

(11) report to the Committee on Ways and Means of the House of

Representatives and the Committee on Finance of the Senate, not

later than 12 months after the imposition of a penalty or remedy

by the United States permitted by a trade agreement to which this

chapter applies, on the effectiveness of the penalty or remedy

applied under United States law in enforcing United States rights

under the trade agreement; and

(12) seek to establish consultative mechanisms among parties to

trade agreements to examine the trade consequences of significant

and unanticipated currency movements and to scrutinize whether a

foreign government engaged (FOOTNOTE 1) in a pattern of

manipulating its currency to promote a competitive advantage in

international trade.

(FOOTNOTE 1) So in original. Probably should be ''is engaged''.

The report under paragraph (11) shall address whether the penalty

or remedy was effective in changing the behavior of the targeted

party and whether the penalty or remedy had any adverse impact on

parties or interests not party to the dispute.

(d) Consultations

(1) Consultations with congressional advisers

In the course of negotiations conducted under this chapter, the

United States Trade Representative shall consult closely and on a

timely basis with, and keep fully apprised of the negotiations,

the Congressional Oversight Group convened under section 3807 of

this title and all committees of the House of Representatives and

the Senate with jurisdiction over laws that would be affected by

a trade agreement resulting from the negotiations.

(2) Consultation before agreement initialed

In the course of negotiations conducted under this chapter, the

United States Trade Representative 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 2211

of this title, the Committee on Ways and Means of the House of

Representatives, the Committee on Finance of the Senate, and

the Congressional Oversight Group convened under section 3807

of this title; 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 negotiations, 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.

-SOURCE-

(Pub. L. 107-210, div. B, title XXI, Sec. 2102, Aug. 6, 2002, 116

Stat. 994.)

-REFTEXT-

REFERENCES IN TEXT

Executive Order 13141, referred to in subsec. (c)(4) and (5), is

set out as a note under section 2112 of this title.

This Act, referred to in subsec. (c)(8), means Pub. L. 107-210,

Aug. 6, 2002, 116 Stat. 933, known as the Trade Act of 2002. For

complete classification of this Act to the Code, see Short Title

note set out under section 3801 of this title and Tables.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set

out as a note under section 3801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2155, 3803, 3804, 3805,

3807, 3812 of this title.

-CITE-

19 USC Sec. 3803 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 24 - BIPARTISAN TRADE PROMOTION AUTHORITY

-HEAD-

Sec. 3803. Trade agreements authority

-STATUTE-

(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 chapter will be promoted

thereby, the President -

(A) may enter into trade agreements with foreign countries

before -

(i) June 1, 2005; or

(ii) June 1, 2007, if trade authorities procedures are

extended under subsection (c) of this section; 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 August 6, 2002) to a

rate of duty which is less than 50 percent of the rate of such

duty that applies on August 6, 2002;

(B) reduces the rate of duty below that applicable under the

Uruguay Round Agreements, on any import sensitive agricultural

product; or

(C) increases any rate of duty above the rate that applied on

August 6, 2002.

(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 -

(i) a reduction of 3 percent ad valorem or a reduction 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 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 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 3805 of this title and that bill is enacted

into law.

(6) Other tariff modifications

Notwithstanding paragraphs (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

(19 U.S.C. 3524), 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 (19 U.S.C.

3501(5)), 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 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 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 chapter will be promoted thereby, the President may enter

into a trade agreement described in subparagraph (B) during the

period described in subparagraph (C).

(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) of this section.

(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 3802(a) and (b) of this title and

the President satisfies the conditions set forth in section 3804

of this title.

(3) Bills qualifying for trade authorities procedures

(A) The provisions of section 2191 of this title (in this

chapter referred to as ''trade authorities procedures'') apply to

a bill of either House of Congress which contains provisions

described in subparagraph (B) to the same extent as such section

2191 of this title applies to implementing bills under that

section. A bill to which this paragraph applies shall hereafter

in this chapter 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 3805(b) of this title -

(A) the trade authorities procedures apply to implementing

bills submitted with respect to trade agreements entered into

under subsection (b) of this section before July 1, 2005; and

(B) the trade authorities procedures shall be extended to

implementing bills submitted with respect to trade agreements

entered into under subsection (b) of this section 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 extension

disapproval resolution under paragraph (5) before June 1,

2005.

(2) Report to Congress by the President

If the President is of the opinion that the trade authorities

procedures should be extended to implementing bills described in

paragraph (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 -

(A) a description of all trade agreements that have been

negotiated under subsection (b) of this section 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 chapter, 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 President shall promptly inform the Advisory Committee

for Trade Policy and Negotiations established under section

2155 of this title 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 chapter; and

(ii) a statement of its views, and the reasons therefor,

regarding whether the extension requested under paragraph (2)

should be approved or disapproved.

(B) Report by ITC

The President shall promptly inform the International Trade

Commission of the President'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 August 6,

2002, 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 determines appropriate.

(5) Extension disapproval resolutions

(A) For purposes of paragraph (1), the term ''extension

disapproval resolution'' means a resolution of either House of

the Congress, the sole matter after the resolving clause of which

is as follows: ''That the _ _ 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 Congress.

(B) Extension disapproval 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.

(C) The provisions of section 2192(d) and (e) of this title

(relating to the floor consideration of certain resolutions in

the House and Senate) apply to extension disapproval resolutions.

(D) It is not in order for -

(i) the Senate to consider any extension disapproval

resolution not reported by the Committee on Finance;

(ii) the House of Representatives to consider any extension

disapproval resolution not reported by the Committee on Ways

and Means and, in addition, by the Committee on Rules; or

(iii) either House of the Congress to consider an extension

disapproval resolution after June 30, 2005.

(d) Commencement of negotiations

In order to contribute to the continued economic expansion of the

United States, the President shall commence negotiations covering

tariff and nontariff barriers affecting any industry, product, or

service sector, and 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 benefit the United States. Such sectors include

agriculture, commercial services, intellectual property rights,

industrial and capital goods, government procurement, information

technology products, environmental technology and services, medical

equipment and services, civil aircraft, and infrastructure

products. In so doing, the President shall take into account all

of the principal negotiating objectives set forth in section

3802(b) of this title.

-SOURCE-

(Pub. L. 107-210, div. B, title XXI, Sec. 2103, Aug. 6, 2002, 116

Stat. 1004.)

-REFTEXT-

REFERENCES IN TEXT

The Bipartisan Trade Promotion Authority Act of 2002, referred to

in subsec. (c)(5)(A), is title XXI of Pub. L. 107-210, div. B,

Aug. 6, 2002, 116 Stat. 993, which is classified principally to

this chapter. Section 2103 of the Act is classified to this

section. For complete classification of title XXI to the Code, see

section 3801(a) of this title and Tables.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set

out as a note under section 3801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2151, 2152, 2153, 2154,

2155, 2212, 3802, 3804, 3805, 3806, 3810 of this title.

-CITE-

19 USC Sec. 3804 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 24 - BIPARTISAN TRADE PROMOTION AUTHORITY

-HEAD-

Sec. 3804. Consultations and assessment

-STATUTE-

(a) Notice and consultation before negotiation

The President, with respect to any agreement that is subject to

the provisions of section 3803(b) of this title, shall -

(1) provide, at least 90 calendar days before initiating

negotiations, written notice to the Congress of the President's

intention to enter into the negotiations and set forth therein

the date the President intends to initiate such negotiations, the

specific United States objectives for the negotiations, and

whether the President intends to seek an agreement, or changes to

an existing agreement;

(2) before and after submission of the notice, consult

regarding the negotiations with the Committee on Finance of the

Senate and the Committee on Ways and Means of the House of

Representatives, such other committees of the House and Senate as

the President deems appropriate, and the Congressional Oversight

group convened under section 3807 of this title; and

(3) upon the request of a majority of the members of the

Congressional Oversight Group under section 3807(c) of this

title, meet with the Congressional Oversight Group before

initiating the negotiations or at any other time concerning the

negotiations.

(b) Negotiations regarding agriculture

(1) In general

Before initiating or continuing negotiations the subject matter

of which is directly related to the subject matter under section

3802(b)(10)(A)(i) of this title 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 addition, the

President shall consider whether the tariff 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 further tariff reductions based on the

conclusions reached in the assessment, and how all applicable

negotiating objectives will be met.

(2) Special consultations on import sensitive products

(A) Before initiating negotiations with regard to agriculture,

and, with respect to the Free Trade Area for the Americas and

negotiations with regard to agriculture under the auspices of the

World Trade Organization, as soon as practicable after August 6,

2002, the United States Trade Representative shall -

(i) identify those agricultural products subject to

tariff-rate quotas on August 6, 2002, and agricultural products

subject 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 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 -

(I) 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 concerned;

(II) whether the products so identified face unjustified

sanitary or phytosanitary restrictions, including those not

based on scientific principles in contravention of the

Uruguay Round Agreements; and

(III) whether the countries participating in the

negotiations maintain export subsidies or other programs,

policies, or practices that distort world trade in such

products and the impact of such programs, policies, and

practices on United States producers of the products;

(iii) request that the International Trade Commission prepare

an assessment of the probable economic effects of any such

tariff reduction on the United States industry producing the

product concerned 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 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 of those products identified under

clause (i) for which the Trade Representative intends to seek

tariff liberalization in the negotiations and the reasons for

seeking such tariff liberalization.

(B) If, after negotiations described in subparagraph (A) are

commenced -

(i) the United States Trade Representative identifies any

additional agricultural product described in subparagraph

(A)(i) for tariff reductions which were not the subject of a

notification under subparagraph (A)(iv), or

(ii) any additional agricultural product described in

subparagraph (A)(i) is the subject of a request for tariff

reductions by a party to the negotiations,

the Trade Representative shall, as soon as practicable, notify

the committees referred to in subparagraph (A)(iv) of those

products and the reasons for seeking such tariff reductions.

(3) Negotiations regarding the fishing industry

Before initiating, or continuing, negotiations which directly

relate to fish or shellfish trade with any country, the President

shall consult with the Committee on Ways and Means and the

Committee on Resources of the House of Representatives, and the

Committee on Finance and the Committee on Commerce, Science, and

Transportation of the Senate, and shall keep the Committees

apprised of negotiations on an ongoing and timely basis.

(c) Negotiations regarding textiles

Before initiating or continuing negotiations the subject matter

of which is directly related to textiles and apparel products with

any country, the President shall assess whether United States

tariffs on textile and apparel products that were bound under the

Uruguay Round Agreements are lower than the tariffs bound by that

country and whether the negotiation provides an opportunity to

address any such disparity. The President shall consult with the

Committee on Ways and Means of the House of Representatives and the

Committee on Finance of the Senate concerning the results of the

assessment, whether it is appropriate for the United States to

agree to further tariff reductions based on the conclusions reached

in the assessment, and how all applicable negotiating objectives

will be met.

(d) Consultation with Congress before agreements entered into

(1) Consultation

Before entering into any trade agreement under section 3803(b)

of this title, the President shall consult with -

(A) the Committee on Ways and Means of the House of

Representatives and the Committee on Finance of the Senate;

(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

affected by the trade agreement; and

(C) the Congressional Oversight Group convened under section

3807 of this title.

(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, priorities, and objectives of

this chapter; and

(C) the implementation of the agreement under section 3805 of

this title, including the general effect of the agreement on

existing laws.

(3) Report regarding United States trade remedy laws

(A) Changes in certain trade laws

The President, at least 180 calendar days before the day on

which the President enters into a trade agreement under section

3803(b) of this title, shall report to the Committee on Ways

and Means of the House of Representatives and the Committee on

Finance of the Senate -

(i) the range of proposals advanced in the negotiations

with respect to that agreement, that may be in the final

agreement, and that could require amendments to title VII of

the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) or to chapter

1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et

seq.); and

(ii) how these proposals relate to the objectives described

in section 3802(b)(14) of this title.

(B) Certain agreements

With respect to a trade agreement entered into with Chile or

Singapore, the report referred to in subparagraph (A) shall be

submitted by the President at least 90 calendar days before the

day on which the President enters into that agreement.

(C) Resolutions

(i) At any time after the transmission of the report under

subparagraph (A), if a resolution is introduced with respect to

that report in either House of Congress, the procedures set

forth in clauses (iii) through (vi) shall apply to that

resolution if -

(I) no other resolution with respect to that report has

previously been reported in that House of Congress by the

Committee on Ways and Means or the Committee on Finance, as

the case may be, pursuant to those procedures; and

(II) no procedural disapproval resolution under section

3805(b) of this title introduced with respect to a trade

agreement entered into pursuant to the negotiations to which

the report under subparagraph (A) relates has previously been

reported in that House of Congress by the Committee on Ways

and Means or the Committee on Finance, as the case may be.

(ii) For purposes of this subparagraph, the term

''resolution'' means only a resolution of either House of

Congress, the matter after the resolving clause of which is as

follows: ''That the _ _ finds that the proposed changes to

United States trade remedy laws contained in the report of the

President transmitted to the Congress on _ _ under section

2104(d)(3) of the Bipartisan Trade Promotion Authority Act of

2002 with respect to _ _, are inconsistent with the negotiating

objectives described in section 2102(b)(14) of that Act.'',

with the first blank space being filled with the name of the

resolving House of Congress, the second blank space being

filled with the appropriate date of the report, and the third

blank space being filled with the name of the country or

countries involved.

(iii) Resolutions in the House of Representatives -

(I) may be introduced by any Member of the House;

(II) shall be referred to the Committee on Ways and Means

and, in addition, to the Committee on Rules; and

(III) may not be amended by either Committee.

(iv) (FOOTNOTE 1) Resolutions in the Senate -

(FOOTNOTE 1) So in original. Two cls. (iv) have been enacted.

(I) may be introduced by any Member of the Senate;

(II) shall be referred to the Committee on Finance; and

(III) may not be amended.

(iv) (FOOTNOTE 1) It is not in order for the House of

Representatives to consider any resolution that is not reported

by the Committee on Ways and Means and, in addition, by the

Committee on Rules.

(v) It is not in order for the Senate to consider any

resolution that is not reported by the Committee on Finance.

(vi) The provisions of section 152(d) and (e) of the Trade

Act of 1974 (19 U.S.C. 2192(d) and (e)) (relating to floor

consideration of certain resolutions in the House and Senate)

shall apply to resolutions.

(e) Advisory Committee reports

The report required under section 135(e)(1) of the Trade Act of

1974 (19 U.S.C. 2155(e)(1)) regarding any trade agreement entered

into under section 3803(a) or (b) of this title 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

President notifies the Congress under section 3803(a)(1) or

3805(a)(1)(A) of this title of the President's intention to enter

into the agreement.

(f) 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

3803(b) of this title, 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 calendar days after the President enters into

the agreement, the Commission shall submit to the President and

the 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 domestic product, exports and imports, aggregate

employment 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 review

available economic assessments regarding the agreement, including

literature regarding any substantially 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 between the

various analyses and conclusions, including those of the

Commission regarding the agreement.

-SOURCE-

(Pub. L. 107-210, div. B, title XXI, Sec. 2104, Aug. 6, 2002, 116

Stat. 1008.)

-REFTEXT-

REFERENCES IN TEXT

The Tariff Act of 1930, referred to in subsec. (d)(3)(A)(i), is

act June 17, 1930, ch. 497, 46 Stat. 590, as amended. Title VII of

the Act is classified generally to subtitle IV (Sec. 1671 et seq.)

of chapter 4 of this title. For complete classification of this

Act to the Code, see section 1654 of this title and Tables.

The Trade Act of 1974, referred to in subsec. (d)(3)(A)(i), is

Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1

of title II of the Act is classified generally to part 1 (Sec. 2251

et seq.) of subchapter II of chapter 12 of this title. For

complete classification of this Act to the Code, see section 2101

of this title and Tables.

Sections 2104(d)(3) and 2102(b)(14) of the Bipartisan Trade

Promotion Authority Act of 2002, referred to in subsec.

(d)(3)(C)(ii), are classified to subsec. (d)(3) of this section and

section 3802(b)(14) of this title, respectively.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set

out as a note under section 3801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3803, 3805, 3806 of this

title.

-CITE-

19 USC Sec. 3805 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 24 - BIPARTISAN TRADE PROMOTION AUTHORITY

-HEAD-

Sec. 3805. Implementation of trade agreements

-STATUTE-

(a) In general

(1) Notification and submission

Any agreement entered into under section 3803(b) of this title

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 the trade agreement,

notifies the House of Representatives and the Senate of the

President's intention to enter into the agreement, and promptly

thereafter publishes notice of such intention in the Federal

Register;

(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,

together with -

(i) a draft of an implementing bill described in section

3803(b)(3) of this title;

(ii) a statement of any administrative action proposed to

implement the trade agreement; and

(iii) the supporting information described in paragraph

(2); and

(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 implementing 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, priorities, and

objectives of this chapter; 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 agreement changes provisions of

an agreement previously negotiated;

(III) how the agreement serves the interests of United

States commerce;

(IV) how the implementing bill meets the standards set

forth in section 3803(b)(3) of this title; and

(V) how and to what extent the agreement makes progress

in achieving the applicable purposes, policies, and

objectives referred to in section 3802(c) of this title

regarding the promotion of certain priorities.

(3) Reciprocal benefits

In order to ensure that a foreign country that is not a party

to a trade agreement entered into under section 3803(b) of this

title 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 benefits 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 application is consistent with

the terms of the agreement.

(4) Disclosure of commitments

Any agreement or other understanding with a foreign government

or governments (whether oral or in writing) that -

(A) relates to a trade agreement with respect to which the

Congress enacts an implementing bill under trade authorities

procedures, and

(B) is not disclosed to the Congress before an implementing

bill with respect to that agreement is introduced in either

House of Congress,

shall not be considered to be part of the agreement approved by

the Congress and shall have no force and effect under United

States law or in any dispute settlement body.

(b) Limitations on trade authorities procedures

(1) For lack of notice or consultations

(A) In general

The trade authorities procedures shall not apply to any

implementing bill submitted with respect to a trade agreement

or trade agreements entered into under section 3803(b) of this

title if during the 60-day period beginning on the date that

one House of Congress agrees to a procedural disapproval

resolution for lack of notice or consultations with respect to

such trade agreement or agreements, the other House separately

agrees to a procedural disapproval resolution with respect to

such trade agreement or agreements.

(B) Procedural disapproval resolution

(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 Bipartisan Trade

Promotion Authority Act of 2002 on negotiations with respect to

_ _ _ _ _ _ and, therefore, the trade authorities procedures

under that Act shall not apply to any implementing bill

submitted with respect to such trade agreement or

agreements.'', with the blank space being filled with a

description of the trade agreement or agreements with respect

to which the 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 accordance with the

Bipartisan Trade Promotion Authority Act of 2002'' on

negotiations with respect to a trade agreement or trade

agreements if -

(I) the President has failed or refused to consult (as the

case may be) in accordance with section 3804 of this title or

this section with respect to the negotiations, agreement, or

agreements;

(II) guidelines under section 3807(b) of this title 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 pursuant to a request made under section

3807(c) of this title 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 chapter.

(2) Procedures for considering resolutions

(A) Procedural disapproval resolutions -

(i) in the House of Representatives -

(I) may be introduced by any Member of the House;

(II) shall be referred to the Committee on Ways and Means

and, in addition, to the Committee on Rules; and

(III) may not be amended by either Committee; and

(ii) in the Senate -

(I) may be introduced by any Member of the Senate;

(II) shall be referred to the Committee on Finance; and

(III) may not be amended.

(B) The provisions of section 2192(d) and (e) of this title

(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 reported in that House of

Congress by the Committee on Ways and Means or the Committee on

Finance, as the case may be, and if no resolution described in

section 3804(d)(3)(C)(ii) of this title with respect to that

trade agreement has been reported in that House of Congress by

the Committee on Ways and Means or the Committee on Finance, as

the case may be, pursuant to the procedures set forth in clauses

(iii) through (vi) of such section 3804(d)(3)(C) of this title.

(C) It is not in order for the House of Representatives to

consider any procedural disapproval resolution not reported by

the Committee on Ways and Means and, in addition, by the

Committee on Rules.

(D) It is not in order for the Senate to consider any

procedural disapproval resolution not reported by the Committee

on Finance.

(3) For failure to meet other requirements

Not later than December 31, 2002, the Secretary of Commerce, in

consultation with the Secretary of State, the Secretary of the

Treasury, the Attorney General, and the United States Trade

Representative, shall transmit to the Congress a report setting

forth the strategy of the executive branch to address concerns of

the Congress regarding whether dispute settlement panels and the

Appellate Body of the WTO have added to obligations, or

diminished rights, of the United States, as described in section

3801(b)(3) of this title. Trade authorities procedures 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.

(c) Rules of House of Representatives and Senate

Subsection (b) of this section, section 3803(c) of this title,

aand (FOOTNOTE 1) section 3804(d)(3)(C) of this title are enacted

by the Congress -

(FOOTNOTE 1) So in original.

(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

inconsistent with such other rules; and

(2) with the full recognition of the constitutional 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 extent as any other rule of that House.

-SOURCE-

(Pub. L. 107-210, div. B, title XXI, Sec. 2105, Aug. 6, 2002, 116

Stat. 1013.)

-REFTEXT-

REFERENCES IN TEXT

The Bipartisan Trade Promotion Authority Act of 2002, referred to

in subsec. (b)(1)(B), is title XXI of Pub. L. 107-210, div. B,

Aug. 6, 2002, 116 Stat. 993, which is classified principally to

this chapter. For complete classification of title XXI to the

Code, see section 3801(a) of this title and Tables.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set

out as a note under section 3801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2155, 2191, 3803, 3804,

3806, 3808 of this title.

-CITE-

19 USC Sec. 3806 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 24 - BIPARTISAN TRADE PROMOTION AUTHORITY

-HEAD-

Sec. 3806. Treatment of certain trade agreements for which

negotiations have already begun

-STATUTE-

(a) Certain agreements

Notwithstanding the prenegotiation notification and consultation

requirement described in section 3804(a) of this title, if an

agreement to which section 3803(b) of this title 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

(4) establishes a Free Trade Area for the Americas,

and results from negotiations that were commenced before August 6,

2002, subsection (b) of this section shall apply.

(b) Treatment of agreements

In the case of any agreement to which subsection (a) of this

section applies -

(1) the applicability of the trade authorities procedures to

implementing bills shall be determined without regard to the

requirements of section 3804(a) of this title (relating only to

90 days notice prior to initiating negotiations), and any

procedural disapproval resolution under section 3805(b)(1)(B) of

this title shall not be in order on the basis of a failure or

refusal to comply with the provisions of section 3804(a) of this

title; and

(2) the President shall, as soon as feasible after August 6,

2002 -

(A) notify the Congress of the negotiations described in

subsection (a) of this section, 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 notice, consult

regarding the negotiations with the committees referred to in

section 3804(a)(2) of this title and the Congressional

Oversight Group convened under section 3807 of this title.

-SOURCE-

(Pub. L. 107-210, div. B, title XXI, Sec. 2106, Aug. 6, 2002, 116

Stat. 1016.)

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set

out as a note under section 3801 of this title.

-CITE-

19 USC Sec. 3807 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 24 - BIPARTISAN TRADE PROMOTION AUTHORITY

-HEAD-

Sec. 3807. Congressional Oversight Group

-STATUTE-

(a) Members and functions

(1) In general

By not later than 60 days after August 6, 2002, and not later

than 30 days after the convening of each Congress, 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 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 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 House of Representatives which would

have, under the Rules of the House of Representatives,

jurisdiction over provisions of law affected by a trade

agreement negotiations for which are conducted at any time

during that Congress and to which this chapter would apply.

(3) Membership from the Senate

In each Congress, the Congressional Oversight Group shall also

be comprised of the following members of the Senate:

(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 conducted at any

time during that Congress and to which this chapter would

apply.

(4) Accreditation

Each member of the Congressional Oversight Group described in

paragraph (FOOTNOTE 1) (2)(A) and (3)(A) shall be accredited by

the United States Trade Representative on behalf of the President

as an official adviser to the United States delegation in

negotiations for any trade agreement to which this chapter

applies. Each member of the Congressional Oversight Group

described in paragraph (FOOTNOTE 1) (2)(B) and (3)(B) shall be

accredited by the United States Trade Representative on behalf of

the President as an official adviser to the United States

delegation in the negotiations by reason of which the member is

in the Congressional Oversight Group. The Congressional Oversight

Group shall consult with and provide advice to the Trade

Representative regarding the formulation of specific objectives,

negotiating strategies and positions, the development of the

applicable trade agreement, and compliance and enforcement of the

negotiated commitments under the trade agreement.

(FOOTNOTE 1) So in original. Probably should be ''paragraphs''.

(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 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 August 6, 2002, 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 3802(c)

of this title, 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 3802(c)(8) of this title.

(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.

-SOURCE-

(Pub. L. 107-210, div. B, title XXI, Sec. 2107, Aug. 6, 2002, 116

Stat. 1017.)

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set

out as a note under section 3801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3802, 3804, 3805, 3806,

3809 of this title.

-CITE-

19 USC Sec. 3808 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 24 - BIPARTISAN TRADE PROMOTION AUTHORITY

-HEAD-

Sec. 3808. Additional implementation and enforcement requirements

-STATUTE-

(a) In general

At the time the President submits to the Congress the final text

of an agreement pursuant to section 3805(a)(1)(C) of this title,

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 for the resources necessary

to support the plan described in subsection (a) of this section in

the first budget that the President submits to the Congress after

the submission of the plan.

-SOURCE-

(Pub. L. 107-210, div. B, title XXI, Sec. 2108, Aug. 6, 2002, 116

Stat. 1018.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set

out as a note under section 3801 of this title.

-CITE-

19 USC Sec. 3809 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 24 - BIPARTISAN TRADE PROMOTION AUTHORITY

-HEAD-

Sec. 3809. Committee staff

-STATUTE-

The grant of trade promotion authority under this chapter 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 3807 of

this title 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.

-SOURCE-

(Pub. L. 107-210, div. B, title XXI, Sec. 2109, Aug. 6, 2002, 116

Stat. 1019.)

-CITE-

19 USC Sec. 3810 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 24 - BIPARTISAN TRADE PROMOTION AUTHORITY

-HEAD-

Sec. 3810. Application of certain provisions

-STATUTE-

For purposes of applying sections 2135, 2136, and 2137 of this

title -

(1) any trade agreement entered into under section 3803 of this

title shall be treated as an agreement entered into under section

2111 or 2112 of this title, as appropriate; and

(2) any proclamation or Executive order issued pursuant to a

trade agreement entered into under section 3803 of this title

shall be treated as a proclamation or Executive order issued

pursuant to a trade agreement entered into under section 2112 of

this title.

-SOURCE-

(Pub. L. 107-210, div. B, title XXI, Sec. 2110(b), Aug. 6, 2002,

116 Stat. 1020.)

-REFTEXT-

REFERENCES IN TEXT

Section 2137 of this title, referred to in text, was in the

original a reference to section 127 of the Trade Act of 1974, Pub.

L. 93-618, which enacted section 2137 of this title and amended

section 1862 of this title.

-CITE-

19 USC Sec. 3811 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 24 - BIPARTISAN TRADE PROMOTION AUTHORITY

-HEAD-

Sec. 3811. Report on impact of trade promotion authority

-STATUTE-

(a) In general

Not later than 1 year after August 6, 2002, 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) of this

section.

(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.

(3) The North American Free Trade Agreement.

(4) The Uruguay Round Agreements.

(5) The Tokyo Round of Multilateral Trade Negotiations.

-SOURCE-

(Pub. L. 107-210, div. B, title XXI, Sec. 2111, Aug. 6, 2002, 116

Stat. 1021.)

-CITE-

19 USC Sec. 3812 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 24 - BIPARTISAN TRADE PROMOTION AUTHORITY

-HEAD-

Sec. 3812. Interests of small business

-STATUTE-

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

3802(a)(8) of this title. 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.

-SOURCE-

(Pub. L. 107-210, div. B, title XXI, Sec. 2112, Aug. 6, 2002, 116

Stat. 1021.)

-CITE-

19 USC Sec. 3813 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 24 - BIPARTISAN TRADE PROMOTION AUTHORITY

-HEAD-

Sec. 3813. Definitions

-STATUTE-

In this chapter:

(1) Agreement on Agriculture

The term ''Agreement on Agriculture'' means the agreement

referred to in section 3511(d)(2) of this title.

(2) Agreement on Safeguards

The term ''Agreement on Safeguards (FOOTNOTE 1) means the

agreement referred to in section 3511(d)(12) (FOOTNOTE 2) of this

title.

(FOOTNOTE 1) So in original. Probably should be followed by

closing quotation marks.

(FOOTNOTE 2) So in original. Probably should be ''section

3511(d)(13)''.

(2) (FOOTNOTE 3) Agreement on Subsidies and Countervailing

Measures

(FOOTNOTE 3) So in original. Probably should be ''(3)''.

The term ''Agreement on Subsidies and Countervailing Measures''

means the agreement referred to in section 3511(d)(13) (FOOTNOTE

4) of this title.

(FOOTNOTE 4) So in original. Probably should be ''section

3511(d)(12)''.

(4) Antidumping Agreement

The term ''Antidumping Agreement'' (FOOTNOTE 5) means the

Agreement on Implementation of Article VI of the General

Agreement on Tariffs and Trade 1994 referred to in section

3511(d)(7) of this title.

(FOOTNOTE 5) So in original. Probably should be closing

quotation marks.

(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

(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 3511(d)(16) of this title.

(8) GATT 1994

The term ''GATT 1994'' has the meaning given that term in

section 3501 of this title.

(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 August 6,

2002.

(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 3501(7) of this title.

(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 3501(10) of this title.

-SOURCE-

(Pub. L. 107-210, div. B, title XXI, Sec. 2113, Aug. 6, 2002, 116

Stat. 1021.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3802 of this title.

-CITE-