[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 112 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 112

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 19, 1999

   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.

    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), and 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 to Congress that--
            (1) freedom has been restored in Cuba; and
            (2) 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, for purpose of subsection (a), unless the President 
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. INTRODUCTION AND FAST-TRACK CONSIDERATION OF IMPLEMENTING 
              BILLS.

    (a) Introduction in House and Senate.--When the President submits 
to Congress a bill to implement a trade agreement described in section 
3, the bill shall be introduced (by request) in the House and the 
Senate as described in section 151(c) of the Trade Act of 1974 (19 
U.S.C. 2191(c)).
    (b) Restrictions on Content.--A bill to implement a trade agreement 
described in section 3--
            (1) shall contain only provisions that are necessary to 
        implement the trade agreement; and
            (2) may not contain any provision that establishes (or 
        requires or authorizes the establishment of) a labor or 
        environmental protection standard or amends (or requires or 
        authorizes an amendment of) any labor or environmental 
protection standard set forth in law or regulation.
    (c) Point of Order in Senate.--
            (1) Applicability to all legislative forms of implementing 
        bill.--For the purposes of this subsection, the term 
        ``implementing bill'' means the following:
                    (A) The bill.--A bill described in subsection (a), 
                without regard to whether that bill originated in the 
                Senate or the House of Representatives.
                    (B) Amendment.--An amendment to a bill referred to 
                in subparagraph (A).
                    (C) Conference report.--A conference report on a 
                bill referred to in subparagraph (A).
                    (D) Amendment between houses.--An amendment between 
                the Houses of Congress in relation to a bill referred 
                to in subparagraph (A).
                    (E) Motion.--A motion in relation to an item 
                referred to in subparagraph (A), (B), (C), or (D).
            (2) Making of point of order.--
                    (A) Against single item.--When the Senate is 
                considering an implementing bill, a Senator may make a 
                point of order against any part of the implementing 
                bill that contains material in violation of a 
                restriction under subsection (b).
                    (B) Against several items.--Notwithstanding any 
                other provision of law or rule of the Senate, when the 
                Senate is considering an implementing bill, it shall be 
in order for a Senator to raise a single point of order that several 
provisions of the implementing bill violate subsection (b). The 
Presiding Officer may sustain the point of order as to some or all of 
the provisions against which the Senator raised the point of order.
            (3) Effect of sustainment of point of order.--
                    (A) Against single item.--If a point of order made 
                against a part of an implementing bill under paragraph 
                (2)(A) is sustained by the Presiding Officer, the part 
                of the implementing bill against which the point of 
                order is sustained shall be deemed stricken.
                    (B) Against several items.--In the case of a point 
                of order made under paragraph (2)(B) against several 
                provisions of an implementing bill, only those 
                provisions against which the Presiding Officer sustains 
                the point of order shall be deemed stricken.
                    (C) Stricken matter not in order as amendment.--
                Matter stricken from an implementing bill under this 
                paragraph may not be offered as an amendment to the 
                implementing bill (in any of its forms described in 
                paragraph (1)) from the floor.
            (4) Waivers and appeals.--
                    (A) Waivers.--Before the Presiding Officer rules on 
                a point of order under this subsection, any Senator may 
                move to waive the point of order as it applies to some 
                or all of the provisions against which the point of 
                order is raised. Such a motion to waive is amendable in 
                accordance with the rules and precedents of the Senate.
                    (B) Appeals.--After the Presiding Officer rules on 
                a point of order under this subsection, any Senator may 
                appeal the ruling of the Presiding Officer on the point 
                of order as it applies to some or all of the provisions 
                on which the Presiding Officer ruled.
                    (C) Three-fifths majority required.--
                            (i) Waivers.--A point of order under this 
                        subsection is waived only by the affirmative 
                        vote of at least the requisite majority.
                            (ii) Appeals.--A ruling of the Presiding 
                        Officer on a point of order under this 
                        subsection is sustained unless at least the 
                        requisite majority votes not to sustain the 
                        ruling.
                            (iii) Requisite majority.--For purposes of 
                        clauses (i) and (ii), the requisite majority is 
                        three-fifths of the Members of the Senate, duly 
                        chosen and sworn.
    (c) Applicability of Fast Track Procedures.--Section 151 of the 
Trade Act of 1974 (19 U.S.C. 2191) is amended--
            (1) in subsection (b)(1)--
                    (A) by inserting ``section 5 of the Americas Free 
                Trade Act,'' after ``the Omnibus Trade and 
                Competitiveness Act of 1988,''; and
                    (B) by amending subparagraph (C) to read as 
                follows:
                    ``(C) if changes in existing laws or new statutory 
                authority is required to implement such trade agreement 
                or agreements or such extension, provisions, necessary 
                to implement such trade agreement or agreements or such 
                extension, either repealing or amending existing laws 
                or providing new statutory authority.''; and
            (2) in subsection (c)(1), by inserting ``or under section 5 
        of the Americas Free Trade Act,'' after ``the Uruguay Round 
        Agreements Act,''.
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