[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 146 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 146

To authorize negotiation of free trade agreements with the countries of 
                 the Americas, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 4, 1995

   Mr. Gramm introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To authorize negotiation of free trade agreements with the countries of 
                 the Americas, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Americas Free Trade Act''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The countries of the Western Hemisphere have enjoyed 
        more success in the twentieth century in the peaceful conduct 
        of their relations among themselves than have the countries in 
        the rest of the world.
            (2) The economic prosperity of the United States and its 
        trading partners in the Western Hemisphere is increased by the 
        reduction of trade barriers.
            (3) Trade protection endangers economic prosperity in the 
        United States and throughout the Western Hemisphere and 
        undermines civil liberty and constitutionally limited 
        government.
            (4) The successful establishment of a North American Free 
        Trade Area sets the pattern for the reduction of trade barriers 
        throughout the Western Hemisphere, enhancing prosperity in 
        place of the cycle of increasing trade barriers and deepening 
        poverty that results from a resort to protectionism and trade 
        retaliation.
            (5) The reduction of government interference in the foreign 
        and domestic sectors of a nation's economy and the concomitant 
        promotion of economic opportunity and freedoms promote civil 
        liberty and constitutionally limited government.
            (6) Countries that observe a consistent policy of free 
        trade, the promotion of free enterprise and other economic 
        freedoms (including effective protection of private property 
        rights), the removal of barriers to foreign direct investment, 
        in the context of constitutionally limited government and 
        minimal interference in the economy, will follow the surest and 
        most effective prescription to alleviate poverty and provide 
        for economic, social, and political development.

SEC. 3. FREE TRADE AREA FOR THE WESTERN HEMISPHERE.

    (a) In General.--The President shall take action to initiate 
negotiations to obtain trade agreements with the sovereign countries 
located in the Western Hemisphere, the terms of which provide for the 
reduction and ultimate elimination of tariffs and other nontariff 
barriers to trade, for the purpose of promoting the eventual 
establishment of a free trade area for the entire Western Hemisphere.
    (b) Reciprocal Basis.--An agreement entered into under subsection 
(a) shall be reciprocal and provide mutual reductions in trade barriers 
to promote trade, economic growth, and employment.
    (c) Bilateral or Multilateral Basis.--Agreements may be entered 
into under subsection (a) on a bilateral basis with any foreign country 
described in that subsection or on a multilateral basis with all of 
such countries or any group of such countries.

SEC. 4. FREE TRADE WITH FREE CUBA.

    (a) Restrictions Prior to Restoration of Freedom in Cuba.--The 
provisions of this Act shall not apply to Cuba unless the President 
certifies--
            (1) that freedom has been restored in Cuba, and
            (2) that the claims of United States citizens for 
        compensation for expropriated property have been appropriately 
        addressed.
    (b) Standards for the Restoration of Freedom in Cuba.--The 
President shall not make the certification that freedom has been 
restored in Cuba, as described in subsection (a), unless he determines 
that--
            (1) a constitutionally guaranteed democratic government has 
        been established in Cuba, with leaders chosen through free and 
        fair elections;
            (2) the rights of individuals to private property have been 
        restored and are effectively protected and broadly exercised in 
        Cuba;
            (3) Cuba has a currency that is fully convertible 
        domestically and internationally;
            (4) all political prisoners have been released in Cuba; and
            (5) the rights of free speech and freedom of the press in 
        Cuba are effectively guaranteed.
    (c) Priority for Free Trade With Free Cuba.--Upon making the 
certification described in subsection (a) the President shall give 
priority to the negotiation of a free trade agreement with Cuba.

SEC. 5. PERMANENT APPLICATION OF FAST TRACK PROCEDURES.

    The provisions of section 151 of the Trade Act of 1974 (19 U.S.C. 
2191) apply to implementing bills submitted with respect to trade 
agreements entered into pursuant to the provisions of this Act.
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