To establish procedures for notice, consultations, and implementation with regard to certain trade agreements, and for other purposes.
Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled,
SECTION. 1. SHORT TITLE.
This Act may be cited as the "Export Expansion and Reciprocal Trade Agreements Act of 1997".
SEC. 2. TRADE NEGOTIATING OBJECTIVES.
(a) OVERALL TRADE NEGOTIATING OBJECTIVES. - The overall trade negotiating objectives of the United States for agreements subject to the provisions of section 3 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 decrease market opportunities for United States exports or 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; and (5) to address those aspects of foreign government policies and practices regarding labor, the environment, and other matters that are directly related to trade and decrease market opportunities for United States exports or distort United States trade. (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 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 distort United States trade. (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 unreasonably restrict the establishment and operations of service suppliers. (3) FOREIGN INVESTMENT. - The principal negotiating objective of the United States regarding foreign investment is to reduce or eliminate artificial or trade-distorting barriers to United States foreign investment 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 and other unreasonable barriers to the establishment and operation of investments; (D) establishing standards for expropriation and compensation for expropriation consistent with United States legal principles and practice; and (E) providing meaningful procedures for resolving investment disputes. (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) ensuring full implementation of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(15)), and achieving improvements in the standards of that Agreement; (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; and (iv) providing strong enforcement of intellectual property rights, including through accessible, expeditious, and effective civil, administrative, and criminal enforcement mechanisms; and (B) to secure fair, equitable, and nondiscriminatory market access opportunities for United States persons that rely upon intellectual property protection. (5) TRANSPARENCY. - The principal negotiating objective of the United States with respect to transparency is to obtain 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; and (B) increasing the openness of dispute settlement proceedings, including under the World Trade Organization. (6) AGRICULTURE. - The principal negotiating objective of the United States with respect to agriculture is to achieve fairer and more open conditions of trade in agricultural commodities by - (A) reducing or eliminating tariffs or other charges that decrease market opportunities for United States exports; (B) reducing or eliminating subsidies that decrease market opportunities for United States exports or distort agricultural markets to the detriment of the United States; (C) developing, strengthening, and clarifying rules that address practices that unfairly decrease United States market access opportunities or distort agricultural markets to the detriment of the United States, including - (i) unfair or trade-distorting activities of state trading enterprises and other administrative mechanisms; (ii) unjustified restrictions or commercial requirements affecting new technologies, including biotechnology; (iii) unjustified sanitary or phytosanitary restrictions; (iv) other unjustified technical barriers to trade; and (v) restrictive rules in the administration of tariff rate quotas. (7) WORKER RIGHTS AND ENVIRONMENTAL PROTECTION. - The principal negotiating objectives of the United States regarding worker rights and protection of the environment are, through the World Trade Organization, - (A) to promote respect for internationally recognized worker rights, including with regard to child labor; (B) to secure a review of the relationship of internationally recognized worker rights to the provisions, objectives, and instruments of the World Trade Organization with a view to ensuring that the benefits of the trading system are available to all workers; (C) to adopt, as a principle of the World Trade Organization, that the denial of internationally recognized worker rights should not be a means for a country or its industries to gain competitive advantage in international trade; (D) to promote sustainable development; and (E) to seek to ensure that trade and environmental protection are mutually supportive, including through further clarification of the relationship between them. The United States will also seek to establish in the International Labor Organization a mechanism for the systematic examination of, reporting on, and accountability for the extent to which member governments promote and enforce core labor standards. (c) GUIDANCE FOR NEGOTIATORS. - (1) In pursuing the negotiating objectives described in subsection (b), United States negotiators shall take into account United States domestic objectives including, but not limited to, the protection of health or safety, essential security, environmental, consumer or employment opportunity interests and the law and regulations related thereto. (2) In the course of negotiations conducted under this Act, the United States Trade Representative shall - (A) consult closely and on a timely basis with, and keep fully apprised of the negotiations, the congressional advisers on trade policy and negotiations appointed under section 161 of the Trade Act of 1974; and (B) take into account the need for the United States to retain the ability to enforce rigorously its trade laws in order to ensure that United States workers, agricultural producers, and firms can compete on fair terms and enjoy the benefits of reciprocal trade concessions. (d) 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 (as defined in section 2 of the Uruguay Round Agreements Act).
SEC. 3. TRADE AGREEMENTS PROCEDURES.
(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 and policies of this Act will be promoted thereby, the President - (A) before October 1, 2001 (or October 1, 2005, if fast track procedures are extended under subsection (c)), may enter into trade agreements with foreign countries; 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. (2) LIMITATIONS. - No proclamation may be made under paragraph (1) that - (A) reduces any rate of duty (other than a rate of duty that does not exceed 5 percent ad valorem on the date of the enactment of this Act) to a rate of duty which is less than 50 percent of the rate of such duty that applies on such date of enactment; (B) provides for a reduction in duty on an article to take effect on a date that is more than 10 years after the first reduction that is proclaimed to carry out a trade agreement with respect to such article; or (C) increases any rate of duty above the rate that applied on January 1, 1996. (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 or increase that may not be proclaimed by reason of paragraph (2) may take effect only if a provision authorizing such reduction or increase is included within an implementing bill provided for under section 5 and that bill is enacted into law. (6) OTHER TARIFF MODIFICATIONS. - (A) Subject to the consultation and layover requirements of section 115 of the Uruguay Round Agreements Act, the President may proclaim the modification of any duty or staged rate reduction of any duty set forth in Schedule XX, as defined in section 2(5) of that Act, if the United States agrees to such modification or staged rate reduction in a negotiation for the reciprocal elimination or harmonization of duties under the auspices of the World Trade Organization or as part of an interim agreement leading to the formation of a regional free-trade area. (B) Paragraphs 1-5 of this subsection shall not limit the authority provided to the President in subparagraph (A) or in section 111(b) of the Uruguay Round Agreements Act. (b) AGREEMENTS REGARDING TARIFF AND NON-TARIFF BARRIERS. - (1) IN GENERAL. - Whenever the President determines that - (A) one or more existing duties or other import restrictions 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 (B) the imposition of any such import restriction, barrier, or distortion is likely to result in such a burden, restriction, or effect; and that the purposes and policies of this Act will be promoted thereby, the President may, before October 1, 2001 (or October 1, 2005, if fast track procedures are extended under subsection (c)), enter into trade agreements with foreign countries providing for - (i) the reduction or elimination of such duty, restriction, barrier, or other distortion, or (ii) the prohibition of, or limitation on the imposition of, such barrier or other distortion. (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 2(b). (3) BILLS QUALIFYING FOR "FAST TRACK" PROCEDURES. - (A) The provisions of section 151 of the Trade Act of 1974, as amended by subparagraph (B) of this paragraph, (in this Act referred to as "fast track procedures") apply to implementing bills (as defined in subsection (b)(1) of such section) submitted with respect to trade agreements entered into under section (3)(b) of this Act. (B) Section 151(b)(1) of the Trade Act of 1974 is amended by striking subparagraph (C) and inserting - "(C)(i) if changes in existing laws or new statutory authority is required to implement such trade agreement or agreements or such extension, provisions which are necessary or appropriate to implement such trade agreement or agreements or extension and which are related to trade, either repealing or amending existing laws or providing new statutory authority; and (ii) provisions necessary for purposes of complying with section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 in implementing the applicable trade agreement." (c) APPLICATION AND EXTENSION OF "FAST TRACK" PROCEDURES . - (1) IN GENERAL. - Except as provided in section 5(b) - (A) fast track procedures apply to implementing bills submitted with respect to trade agreements entered into under subsection (b) before October 1, 2001; and (B) fast track procedures shall be extended to implementing bills submitted with respect to trade agreements entered into under subsection (b) after September 30, 2001, and before October 1, 2005, 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 October 1, 2001. (2) REPORT TO CONGRESS BY THE PRESIDENT. - If the President is of the opinion that fast track procedures should be extended to implementing bills described in paragraph (1)(B), the President shall submit to the Congress, not later than July 1, 2001, 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) 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 and policies of this Act, 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) REPORT TO CONGRESS BY THE ADVISORY COMMITTEE. - The President shall promptly inform the Advisory Committee for Trade Policy and Negotiations established under section 135 of the Trade Act of 1974 (19 U.S.C. 2155) of the Presidents 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 August 1, 2001, a written report that contains - (A) its views regarding the progress that has been made in negotiations to achieve the purposes and policies of this Act; and (B) a statement of its views, and the reasons therefor, regarding whether the extension requested under paragraph (2) should be approved or disapproved. (4) REPORTS MAY BE CLASSIFIED. - The reports submitted to the Congress under paragraphs (2) and (3), or any portion of the reports, may be classified to the extent the President determines appropriate. (5) EXTENSION DISAPPROVAL RESOLUTIONS. - (A) For purposes of this subsection, 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 3(c)(1)(B)(i) of the Export Expansion and Reciprocal Trade Agreements Act of 1997, of the provisions of section 151 of the Trade Act of 1974 to any implementing bill submitted with respect to any trade agreement entered into under section 3(b) of the Export Expansion and Reciprocal Trade Agreements Act of 1997 after September 30, 2001.", 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 jointly referred, in the House of Representatives, to the Committee on Ways and Means and the Committee on Rules. (C) The provisions of sections 152(d) and (e) of the Trade Act of 1974 (19 U.S.C. 2192(d) and (e)) (relating to the floor consideration of certain resolutions in the House and Senate) apply to 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 the Committee on Rules; or (iii) either House of the Congress to consider an extension disapproval resolution after September 30, 2001.
SEC. 4. NOTICE AND CONSULTATIONS.
(a) NOTICE AND CONSULTATION BEFORE NEGOTIATION. - The President, at least 90 calendar days before initiating negotiations on any agreement that is subject to the provisions of section 3(b), shall - (1) provide written notice to the Congress of the Presidents intent 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; and (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 and such other committees of the House and Senate as the President deems appropriate. (b) CONSULTATION WITH CONGRESS BEFORE AGREEMENTS ENTERED INTO. - (1) CONSULTATION. - Before entering into any trade agreement under section 3(b), 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; and (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. (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 and policies of this Act; and (C) plans regarding the implementation of the agreement under section 5, including whether the agreement includes subject matter for which supplemental implementing legislation may be required which is not subject to fast track procedures; and (D) any other agreement or agreements the President has entered into or intends to enter into with the country or countries in question. (c) ADVISORY COMMITTEE REPORTS. - The report required under section 135(e)(1) of the Trade Act of 1974 regarding any trade agreement entered into under section 3(b) of this Act shall be provided to the President, the Congress, and the United States Trade Representative not later than 30 calendar days after the date on which the President notifies the Congress under section 5(a)(1)(A) of the Presidents intention to enter into the agreement.
SEC. 5. IMPLEMENTATION OF TRADE AGREEMENTS.
(a) IN GENERAL. - (1) NOTIFICATION AND SUBMISSION. - Any agreement entered into under section 3(b) shall enter into force with respect to the United States if (and only if) - (A) the President, at least 90 calendar days before the day on which the President enters into the trade agreement, notifies the House of Representatives and the Senate of the Presidents intention to enter into the agreement, and promptly thereafter publishes notice of such intention in the Federal Register; (B) within 60 calendar 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 a copy of the final legal text of the agreement, together with - (i) a draft of an implementing bill; (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 and policies of this Act; and (ii) setting forth the reasons of the President regarding - (I) how and to what extent the agreement makes progress in achieving the applicable purposes and policies referred to in clause (i), and why and to what extent the agreement does not achieve other applicable purposes and policies; (II) whether and how the agreement changes provisions of an agreement previously negotiated; (III) how the agreement serves the interests of United States commerce; and (IV) why the implementing bill and proposed administrative action are required or appropriate to carry out the agreement. (3) RECIPROCAL BENEFITS. - To ensure that a foreign country which receives benefits under a trade agreement entered into under section 3(b) is subject to the obligations imposed by such agreement, the President shall recommend to Congress in the implementing bill and statement of administrative action submitted with respect to such agreement that the enefits and obligations of such agreement apply solely to the parties to uch agreement, if such application is consistent with the terms of such greement. The President may also recommend with respect to any such greement that the benefits and obligations of such agreement not apply niformly to all parties to such agreement, if such application is onsistent with the terms of such agreement. (b) LIMITATIONS ON FAST TRACK PROCEDURES. - (1) FOR LACK OF CONSULTATIONS. - (A) Fast track procedures shall not apply to any implementing bill submitted with respect to a trade agreement entered into under section 3(b) if both Houses of Congress separately agree to a procedural disapproval resolution within any 60 calendar-day period. (B) For purposes of this paragraph, the term "procedural 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 President has failed or refused to consult with the Congress on trade negotiations and trade agreements in accordance with section 4(b) of the Export Expansion and Reciprocal Trade Agreements Act of 1997 and, therefore, the provisions of section 151 of the Trade Act of 1974 shall not apply to any implementing bill submitted with respect to any trade agreement entered into under section 3(b) of the Export Expansion and Reciprocal Trade Agreements Act 1997.". (2) PROCEDURES FOR CONSIDERING RESOLUTIONS. - (A) PROCEDURAL DISAPPROVAL RESOLUTIONS - (i) in the House of Representatives - (I) shall be introduced by the chairman or ranking minority member of the Committee on Ways and Means or the chairman or ranking minority member of the Committee on Rules; (II) shall be jointly referred to the Committee on Ways and Means and the Committee on Rules; and (III) may not be amended by either Committee; and (ii) in the Senate shall be original resolutions of the Committee on Finance. (B) The provisions of section 152(d) and (e) of the Trade Act of 1974 (19 U.S.C. 2192(d) and (e)) (relating to the floor consideration of certain resolutions in the House and Senate) apply to procedural disapproval resolutions. (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 the Committee on Rules. (c) RULES OF HOUSE OF REPRESENTATIVES AND SENATE. - Subsection (b) of this section and section 3(c) are enacted by the Congress - (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such are deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are 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.
SEC. 6. TREATMENT OF CERTAIN TRADE AGREEMENTS.
(a) NEGOTIATIONS UNDER THE WORLD TRADE ORGANIZATION. - The provisions of section 4(a) shall not apply to agreements that result from negotiations - (1) under the auspices of the World Trade Organization regarding trade in information technology products, or; (2) or work programs initiated pursuant to a Uruguay Round Agreement, as defined in section 2 of the Uruguay Round Agreements Act, that were commenced before the date of the enactment of this Act, and the applicability of fast track procedures to such agreements shall be determined without regard to the requirements of section 4(a). (b) AGREEMENT WITH CHILE. - If an agreement to which section 3(b) applies is entered into with Chile after the date of the enactment of this Act and results from negotiations that were commenced before such date of enactment the provisions of section 4(a) shall not apply to such agreement and the applicability of fast track procedures to such agreement shall be determined without regard to the requirements of section 4(a).
SEC. 7. DEFINITIONS AND CONFORMING AMENDMENTS.
(a) DEFINITIONS. - For purposes of this Act: (1) The term "core labor standards" means - (A) freedom of association; (B) the right to organize and bargain collectively; (C) a prohibition on forced labor; (D) a prohibition on exploitative child labor; and (E) a prohibition on discrimination in employment. (2) The term "distortion" includes, but is not limited to, a subsidy. (3) The term "foreign country" includes any foreign instrumentality. Any territory or possession of a foreign country that is administered separately for customs purposes, shall be treated as a separate foreign country. (4) The term "internationally recognized worker rights" has the meaning ascribed to that term in section 507(4) of the Trade Act of 1974, as amended. (5) The term "trade" includes, but is not limited to - (A) trade in both goods and services, and (B) foreign investment by United States persons, especially if such investment has implications for trade in goods and services. (b) CONFORMING AMENDMENTS. - Title I of the Trade Act of 1974 (19 U.S.C. 2111 and following) is amended as follows - (1) Section 151(b)(1) (19 U.S.C. 2191(b)(1)) is amended by replacing "section 1103(a)(1) of the Omnibus Trade and Competitiveness Act of 1988" with "section 5(a)(1) of the Export Expansion and Reciprocal Trade Agreements Act of 1997". (2) Section 131 (19 U.S.C. 2151) is amended - (A) in subsection (a) - (i) in paragraph (1), by replacing "section 123 of this Act or section 1102 (a) or (c) of the Omnibus Trade and Competitiveness Act of 1988" with "section 3(a) or (b) of the Export Expansion and Reciprocal Trade Agreements Act of 1997"; and (ii) in paragraph (2), by replacing "section 1102(b) or (c) of the Omnibus Trade and Competitiveness Act of 1988" with "section 3(b) of the Export Expansion and Reciprocal Trade Agreements Act of 1997"; and (B) in subsection (b), by replacing "section 1102(a)(3)(A) of the Omnibus Trade and Competitiveness Act of 1988" with "section 3(a)(3)(A) of the Export Expansion and Reciprocal Trade Agreements Act of 1997"; and (C) in subsection (c), by replacing "section 1102 of the Omnibus Trade and Competitiveness Act of 1988," with "section 3 of the Export Expansion and Reciprocal Trade Agreements Act of 1997". (3) Sections 132, 133(a), 134(a), and 162(a) (19 U.S.C. 2152, 2153(a), 2154(a), and 2212(a)) are each amended by replacing "section 1102 of the Omnibus Trade and Competitiveness Act of 1988", each time it appears, with "section 3 of the Export Expansion and Reciprocal Trade Agreements Act of 1997". (4) Section 134(b) (19 U.S.C. 2154(b)) is amended by replacing "section 1102 of the Omnibus Trade and Competitiveness Act of 1988" with "section 3 of the Export Expansion and Reciprocal Trade Agreements Act of 1997". (5) Section 135(a)(1)(A) (19 U.S.C. 2155(a)(1)(A)) is amended by replacing "section 1102 of the Omnibus Trade and Competitiveness Act of 1988" with "section 3 of the Export Expansion and Reciprocal Trade Agreements Act of 1997". (6) Section 135(e) (19 U.S.C. 2155(e)) is amended - (A) in paragraph (1), by replacing "section 1102 of the Omnibus Trade and Competitiveness Act of 1988", each time it appears, with "section 3 of the Export Expansion and Reciprocal Trade Agreements Act of 1997", and by replacing "section 1103(a)(1)(A) of the Omnibus Trade and Competitiveness Act of 1988" with "section 5(a)(1)(A) of the Export Expansion and Reciprocal Trade Agreements Act of 1997"; and (B) in paragraph (2), by replacing "section 1101 of the Omnibus Trade and Competitiveness Act of 1988" with "section 2 of the Export Expansion and Reciprocal Trade Agreements Act of 1997". (c) APPLICATION OF CERTAIN PROVISIONS. - For purposes of applying sections 125, 126, and 127 of the Trade Act of 1974 (19 U.S.C. 2135, 2136(a), and 2137) - (1) any trade agreement entered into under section 3 shall be treated as an agreement entered into under section 101 or 102, as appropriate, of the Trade Act of 1974 (19 U.S.C. 2111 or 2112); and (2) any proclamation or Executive order issued pursuant to a trade agreement entered into under section 3 shall be treated as a proclamation or Executive order issued pursuant to a trade agreement entered into under section 102 of the Trade Act of 1974.
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