[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3019 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3019
To provide fast-track trade negotiating authority to the President.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 4, 2001
Mr. Rangel (for himself, Mr. Levin, Mr. Matsui, and Mr. McDermott)
introduced the following bill; which was referred to the Committee on
Ways and Means, and in addition to the Committee on Rules, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide fast-track trade negotiating authority to the President.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Comprehensive
Trade Negotiating Authority Act of 2001''.
(b) Table of Contents.--The table of contents for this Act is the
following:
Sec. 1. Short title; table of contents.
Sec. 2. Negotiating objectives.
Sec. 3. Congressional trade advisers.
Sec. 4. Trade agreements authority.
Sec. 5. Commencement of negotiations.
Sec. 6. Congressional participation during negotiations.
Sec. 7. Implementation of trade agreements.
Sec. 8. Treatment of certain trade agreements.
Sec. 9. Additional report and studies.
Sec. 10. Additional implementation and enforcement requirements.
Sec. 11. Technical and conforming amendments.
Sec. 12. Definitions.
SEC. 2. NEGOTIATING OBJECTIVES.
(a) Overall Trade Negotiating Objectives.--The overall trade
negotiating objectives of the United States for agreements subject to
the provisions of section 4 are the following:
(1) To obtain clear and specific commitments from trading
partners of the United States to fulfill existing international
trade obligations according to existing schedules.
(2) To obtain more open, equitable, and reciprocal market
access for United States agricultural products, manufactured
and other nonagricultural products, and services.
(3) To obtain the reduction or elimination of barriers to
trade, including barriers that result from failure of
governments to publish laws, rules, policies, practices, and
administrative and judicial decisions.
(4) To ensure effective implementation of trade commitments
and obligations by strengthening the effective operation of the
rule of law by trading partners of the United States.
(5) To oppose any attempts to weaken in any respect the
trade remedy laws of the United States.
(6) To increase public access to international, regional,
and bilateral trade organizations in which the United States is
a member by developing such organizations and their underlying
agreements in ways that make the resources of such
organizations more accessible to, and their decisionmaking
processes more open to participation by, workers, farmers,
businesses, and nongovernmental organizations.
(7) To ensure that the dispute settlement mechanisms in
multilateral, regional, and bilateral agreements lead to prompt
and full compliance.
(8) To ensure that the benefits of trade extend broadly and
fully to all segments of society.
(9) To pursue market access initiatives that benefit the
world's least-developed countries.
(10) To ensure that trade rules take into account the
special needs of least-developed countries.
(11) To promote enforcement of internationally recognized
core labor standards by trading partners of the United States.
(12) To promote the ongoing improvement of environmental
protections.
(13) To promote the compatibility of trade rules with
national environmental, health, and safety standards and with
multilateral environmental agreements.
(14) To identify and pursue those areas of trade
liberalization, such as trade in environmental technologies,
that also promote protection of the environment.
(15) To ensure that existing and new rules of the WTO and
of regional and bilateral trade agreements support sustainable
development, protection of endangered species, and reduction of
air and water pollution.
(16) To ensure that existing and new rules of the WTO and
of regional and bilateral agreements are written, interpreted,
and applied in such a way as to facilitate the growth of
electronic commerce.
(b) Principal Negotiating Objectives Under the WTO.--The principal
negotiating objectives of the United States under the auspices of the
WTO are the following:
(1) Reciprocal trade in agriculture.--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
equal 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 doing the following:
(A) Reducing or eliminating, by a date certain,
tariffs or other charges that decrease market
opportunities for United States exports, giving
priority to those products that are subject to
significantly higher tariffs or subsidy regimes of
major producing countries and providing reasonable
adjustment periods for import sensitive products of the
United States, in close consultation with the Congress.
(B) Eliminating disparities between applied and
bound tariffs by reducing bound tariff levels.
(C) Enhancing the transparency of tariff regimes.
(D) Tightening disciplines governing the
administration of tariff rate quotas.
(E) Eliminating export subsidies.
(F) Eliminating or reducing trade distorting
domestic subsidies.
(G) When negotiating reduction or elimination of
export subsidies or trade distorting domestic subsidies
with countries that maintain higher levels of such
subsidies than the United States, obtaining reductions
from other countries to United States subsidy levels
before agreeing to reduce or eliminate United States
subsidies.
(H) Preserving United States market development
programs, including agriculture export credit programs
that allow the United States to compete with other
foreign export promotion efforts.
(I) Maintaining bona fide food aid programs.
(J) Allowing the preservation of programs that
support family farms and rural communities but do not
distort trade.
(K) Eliminating state trading enterprises, or, at a
minimum, adopting rigorous disciplines that ensure
transparency in the operations of such enterprises,
including price transparency, competition, and the end
of discriminatory policies and practices, including
policies and practices supporting cross-subsidization,
price discrimination, and price undercutting in export
markets.
(L) Eliminating practices that adversely affect
trade in perishable or seasonal products, while
improving import relief mechanisms to recognize the
unique characteristics of perishable and seasonal
agriculture. Before commencing negotiations with
respect to agriculture, the Trade Representative, in
consultation with the Congress, shall seek to develop a
position on the treatment of perishable and seasonal
food products to be employed in the negotiations in
order to develop an international consensus on the
treatment of such products in antidumping,
countervailing duty, and safeguard actions and in any
other relevant area.
(M) 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.
(N) 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.
(O) Taking into account the impact that agreements
covering agriculture to which the United States is a
party, including NAFTA, have had on the agricultural
sector in the United States.
(P) Ensuring that countries that accede to the WTO
have made meaningful market liberalization commitments
in agriculture.
(Q) Treating the negotiation of all issues as a
single undertaking, with implementation of early
agreements in particular sectors contingent on an
acceptable final package of agreements on all issues.
(2) Trade in services.--The principal negotiating objective
of the United States with respect to trade in services is to
further reduce or eliminate barriers to, or other distortions
of, international trade in services by doing the following:
(A) Pursuing agreement by WTO members to extend
their commitments under the General Agreement on Trade
in Services (in this section also referred to as
``GATS'') to--
(i) achieve maximum liberalization of
market access in all modes of supply, including
by removing restrictions on the legal form of
an investment or on the right to own all or a
majority share of a service supplier, subject
to national security exceptions;
(ii) remove regulatory and other barriers
that deny national treatment, or unreasonably
restrict the establishment or operations of
service suppliers in foreign markets;
(iii) reduce or eliminate any adverse
effects of existing government measures on
trade in services;
(iv) eliminate additional barriers to trade
in services, including restrictions on access
to services distribution networks and
information systems, unreasonable or discriminatory licensing
requirements, the administration of cartels or toleration of
anticompetitive activity, unreasonable delegation of regulatory powers
to private entities, and similar government acts, measures, or policies
affecting the sale, offering for sale, purchase, distribution, or use
of services that have the effect of restricting access of services and
service suppliers to a foreign market; and
(v) grandfather existing concessions and
liberalization commitments.
(B) Strengthening requirements under GATS to ensure
that regulation of services and service suppliers in
all respects, including by rulemaking, license-
granting, standards-setting, and through judicial,
administrative, and arbitral proceedings, is conducted
in a transparent, reasonable, objective, and impartial
manner and is otherwise consistent with principles of
due process.
(C) Continuing to oppose strongly cultural
exceptions to obligations under GATS, especially
relating to audiovisual services and service providers.
(D) Preventing discrimination against a like
service when delivered through electronic means.
(E) Pursuing full market access and national
treatment commitments for services sectors essential to
supporting electronic commerce.
(F) Broadening and deepening commitments of other
countries relating to basic and value added
telecommunications, including by--
(i) strengthening obligations and the
implementation of obligations to ensure
competitive, nondiscriminatory access to public
telecommunication networks and services for
Internet service providers and other value-
added service providers; and
(ii) preventing anticompetitive behavior by
major suppliers, including service suppliers
that are either government owned or controlled
or recently government owned or controlled.
(G) Broadening and deepening commitments of other
countries relating to financial services.
(3) Trade in manufactured and nonagricultural goods.--The
principal negotiating objectives of the United States with
respect to trade in manufactured and nonagricultural goods are
the following:
(A) To eliminate disparities between applied and
bound tariffs by reducing bound tariff levels.
(B) To negotiate an agreement that includes
reciprocal commitments to eliminate duties in sectors
in which tariffs are currently approaching zero.
(C) To eliminate tariff and nontariff disparities
remaining from previous rounds of multilateral trade
negotiations that have put United States exports at a
competitive disadvantage in world markets, especially
tariff and nontariff barriers in foreign countries in
those sectors where the United States imposes no
significant barriers to imports and where foreign
tariff and nontariff barriers are substantial.
(D) To obtain the reduction or elimination of
tariffs on value-added products that provide a
disproportionate level of protection compared to that
provided to raw materials.
(E) To eliminate additional nontariff barriers to
trade, including--
(i) anticompetitive restrictions on access
to product distribution networks and
information systems;
(ii) unreasonable or discriminatory
inspection processes;
(iii) the administration of cartels, or the
promotion, enabling, or toleration of
anticompetitive activity;
(iv) unreasonable delegation of regulatory
powers to private entities;
(v) unreasonable or discriminatory
licensing requirements; and
(vi) similar government acts, measures, or
policies affecting the sale, offering for sale,
purchase, transportation, distribution, or use
of goods that have the effect of restricting
access of goods to a foreign market.
(4) Trade in civil aircraft.--The principal negotiating
objectives of the United States with respect to civil aircraft
are those contained section 135(c) of the Uruguay Round
Agreements Act (19 U.S.C. 3555(c)).
(5) Rules of origin.--The principal negotiating objective
of the United States with respect to rules of origin is to
conclude the work program on rules of origin described in
Article 9 of the Agreement on Rules of Origin.
(6) Dispute settlement.--The principal negotiating
objectives of the United States with respect to dispute
settlement are the following:
(A) To improve enforcement of decisions of dispute
settlement panels to ensure prompt compliance by
foreign governments with their obligations under the
WTO.
(B) To strengthen rules that promote cooperation by
the governments of WTO members in producing evidence in
connection with dispute settlement proceedings,
including copies of laws, regulations, and other
measures that are the subject of or are directly
relevant to the dispute, other than evidence that is
classified on the basis of national security, and
evidence that is business confidential.
(C) To pursue rules for the management of
translation-related issues.
(D) To require that all submissions by governments
to dispute settlement panels and the Appellate Body be
made available to the public upon submission, providing
appropriate exceptions for only that information
included in a submission that is classified on the
basis of national security or that is business
confidential.
(E) To require that meetings of dispute settlement
panels and the Appellate Body with parties to a dispute
are open to other WTO members and the public and
provide for in camera treatment of only those portions
of a proceeding dealing with evidence that is
classified on the basis of national security or that is
business confidential.
(F) To require that transcripts of proceedings of
dispute settlement panels and the Appellate Body be
made available to the public promptly, providing
appropriate exceptions for only that information
included in the transcripts that is classified on the
basis of national security or that is business
confidential.
(G) To establish rules allowing for the submission
of amicus curiae briefs to dispute settlement panels
and the Appellate Body, and to require that such briefs
be made available to the public, providing appropriate
exceptions for only that information included in the
briefs which is classified on the basis of national
security or that is business confidential.
(H) To strengthen rules protecting against
conflicts of interest by members of dispute settlement
panels and the Appellate Body, and promoting the
selection of such members with the skills and time
necessary to decide increasingly complex cases.
(I) To pursue the establishment of formal
procedures under which dispute settlement panels, the
Appellate Body, and the Dispute Settlement Body seek
advice from other fora of competent jurisdiction, such
as the International Court of Justice, the ILO,
representative bodies established under international
environmental agreements, and scientific experts.
(J) To ensure application of the requirement that
dispute settlement panels and the Appellate Body apply
the standard of review established in Article 17.6 of
the Antidumping Agreement and clarify that this
standard of review should apply to cases under the
Agreement on Subsidies and Countervailing Measures and
the Agreement on Safeguards.
(7) Sanitary and phytosanitary measures.--The principal
negotiating objectives of the United States with respect to
sanitary and phytosanitary measures are the following:
(A) To oppose reopening of the Agreement on the
Application of Sanitary and Phytosanitary Measures.
(B) To affirm the compatibility of trade rules with
measures to protect human health, animal health, and
the phytosanitary situation of each WTO member by doing
the following:
(i) Reaffirming that a decision of a WTO
member not to adopt an international standard
for the basis of a sanitary or phytosanitary
measure does not in itself create a presumption
of inconsistency with the Agreement on the
Application of Sanitary and Phytosanitary
Measures, and that the initial burden of proof
rests with the complaining party, as set forth
in the determination of the Appellate Body in
EC Measures Concerning Meat and
Meat Products (Hormones), AB-1997-4,
WT/DS26/AB/R, January 16, 1998.
(ii) Reaffirming that WTO members may take
provisional sanitary or phytosanitary measures
where the relevant scientific evidence is
insufficient, so long as such measures are
based on available pertinent information, and
members taking such provisional measures seek
to obtain the additional information necessary
to complete a risk assessment within a
reasonable period of time. For purposes of this
clause, a reasonable period of time includes
sufficient time to evaluate the potential for
adverse effects on human or animal health
arising from the presence of additives,
contaminants, toxins, or disease-causing
organisms in food, beverages, or feedstuffs.
(8) Technical barriers to trade.--The principal negotiating
objectives of the United States with respect to technical
barriers to trade are the following:
(A) To oppose reopening of the Agreement on
Technical Barriers to Trade.
(B) Recognizing the legitimate role of labeling
that provides relevant information to consumers, to
ensure that labeling regulations and standards do not
have the effect of creating an unnecessary obstacle to
trade or are used as a disguised barrier to trade by
increasing transparency in the preparation, adoption,
and application of labeling regulations and standards.
(9) Trade-related aspects of intellectual property
rights.--The principal negotiating objectives of the United
States with respect to trade-related aspects of intellectual
property rights are the following:
(A) To oppose extension of the date by which WTO
members that are developing countries must implement
their obligations under the Agreement on Trade Related
Aspects of Intellectual Property Rights (in this
section also referred to as the ``TRIPs Agreement''),
pursuant to paragraph 2 of Article 65 of that
agreement.
(B) To oppose extension of the moratorium on the
application of subparagraphs 1(b) and 1(c) of Article
XXIII of the GATT 1994 to the settlement of disputes
under the TRIPs Agreement, pursuant to paragraph 2 of
Article 64 of the TRIPs Agreement.
(C) To oppose any weakening of existing obligations
of WTO members under the TRIPs Agreement.
(D) To ensure that standards of protection and
enforcement keep pace with technological developments,
including 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.
(E) To prevent misuse of reference pricing
classification systems by developed countries as a way
to discriminate against innovative pharmaceutical
products and innovative medical devices, without
challenging legitimate reference pricing systems not
used as a disguised restriction on trade.
(F)(i) To clarify that under Article 31 of the
TRIPs Agreement WTO members are able to adopt measures
necessary to protect the public health and to respond
to situations of national emergency or extreme urgency,
including by taking actions that have the effect of
increasing access to essential medicines and medical
technologies.
(ii) In situations involving infectious diseases,
to encourage WTO members that take actions described
under clause (i) to also implement policies--
(I) to address the underlying causes
necessitating the actions, including, in the
case of infectious diseases, encouraging
practices that will prevent further
transmission and infection;
(II) to take steps to stimulate the
development of the infrastructure necessary to
deliver adequate health care services,
including the essential medicines and medical
technologies at issue;
(III) to ensure the safety and efficacy of
the essential medicines and medical
technologies involved; and
(IV) to make reasonable efforts to address
the problems of supply of the essential
medicines and medical technologies involved
(other than by compulsory licensing),
consistent with the obligation set forth in
Article 31 of the TRIPs Agreement.
(iii) To encourage members of the Organization for
Economic Cooperation and Development and the private
sectors in their countries to work with the United
Nations, the World Health Organization, and other
relevant international organizations, including
humanitarian relief organizations, to assist least-
developed and developing countries, in all possible
ways, in increasing access to essential medicines and
medical technologies including through donations, sales
at cost, funding of global medicines trust funds, and
developing and implementing prevention efforts and
health care infrastructure projects.
(10) Transparency.--The principal negotiating objectives of
the United States with respect to transparency are the
following:
(A) To pursue the negotiation of an agreement--
(i) requiring that government laws, rules,
and administrative and judicial decisions be
published and made available to the public so
that governments, businesses, and the public
have adequate notice of them;
(ii) requiring adequate notice before new
rules are promulgated or existing rules
amended;
(iii) encouraging governments to open
rulemaking to public comment;
(iv) establishing that any administrative
proceeding conducted by the government of any
WTO member relating to any of the WTO
Agreements and applied to the persons, goods,
or services of any other WTO member shall be
conducted in a manner that--
(I) gives persons of any other WTO
member affected by the proceeding
reasonable notice, in accordance with
domestic procedures, of when the
proceeding is initiated, including a
description of the nature of the
proceeding, a statement of the legal
authority under which the proceeding is
initiated, and a general description of
any issues in controversy;
(II) gives such persons a
reasonable opportunity to present facts
and arguments in support of their
positions prior to any final
administrative action, when time, the
nature of the proceeding, and the
public interest permit; and
(III) is in accordance with
domestic law; and
(v) requiring each WTO member--
(I) to establish or maintain
judicial, quasi-judicial, or
administrative tribunals (impartial and
independent of the office or authority
entrusted with administrative
enforcement) or procedures for the
purpose of the prompt review and, where
warranted, correction of final
administrative actions regarding
matters covered by any of the WTO
Agreements;
(II) to ensure that, in such
tribunals or procedures, parties to the
proceeding are afforded a reasonable
opportunity to support or defend their
respective positions; and
(III) to ensure that such tribunals
or procedures issue decisions based on
the evidence and submissions of record
or, where required by domestic law, the
record compiled by the office or
authority entrusted with administrative
enforcement.
(B) To pursue a commitment by all WTO members to
improve the public's understanding of and access to the
WTO and its related agreements by--
(i) encouraging the Secretariat of the WTO
to enhance the WTO website by providing
improved access to a wider array of WTO
documents and information on the trade regimes
of, and other relevant information on, WTO
members;
(ii) promoting public access to council and
committee meetings by ensuring that agendas and
meeting minutes continue to be made available
to the public;
(iii) ensuring that WTO documents that are
most informative of WTO activities are
circulated on an unrestricted basis or, if
classified, are made available to the public
more quickly;
(iv) seeking the institution of regular
meetings between WTO officials and
representatives of nongovernmental
organizations, businesses and business groups,
labor unions, consumer groups, and other
representatives of civil society; and
(v) supporting the creation of a committee
within the WTO to oversee implementation of the
agreement reached under this paragraph.
(11) Government procurement.--The principal negotiating
objectives of the United States with respect to government
procurement are the following:
(A) To seek to expand the membership of the
Agreement on Government Procurement.
(B) To seek conclusion of a WTO agreement on
transparency in government procurement.
(C) To promote global use of electronic publication
of procurement information, including notices of
procurement opportunities.
(12) Trade remedy laws.--The principal negotiating
objectives of the United States with respect to trade remedy
laws are the following:
(A) To preserve the ability of the United States to
enforce vigorously its trade laws, including the
antidumping, countervailing duty, and safeguard laws,
and not enter into agreements that lessen in any
respect the effectiveness of domestic and international
disciplines--
(i) on unfair trade, especially dumping and
subsidies, or
(ii) that address import increases or
surges, such as under the safeguard remedy,
in order to ensure that United States workers, farmers
and agricultural producers, and firms can compete fully
on fair terms and enjoy the benefits of reciprocal
trade concessions.
(B) To eliminate the underlying causes of unfair
trade practices and import surges, including closed
markets, subsidization, government practices promoting,
enabling, or tolerating anticompetitive practices, and
other forms of government intervention that generate or
sustain excess, uneconomic capacity.
(13) Trade and labor market standards.--The principal
negotiating objectives of the United States with respect to
trade and labor market standards are the following:
(A) To achieve a framework of enforceable
multilateral rules as soon as practicable that leads to
the adoption and enforcement of core, internationally
recognized labor standards, including in the WTO and,
as appropriate, other international organizations,
including the ILO.
(B) To update Article XX of the GATT 1994, and
Article XIV of the GATS in relation to core
internationally recognized worker rights, including in
regard to actions of WTO members taken consistent with
and in furtherance of recommendations made by the ILO
under Article 33 of the Constitution of the ILO.
(C) To establish promptly a working group on trade
and labor issues--
(i) to explore the linkage between
international trade and investment and
internationally recognized worker rights (as
defined in section 502(a)(4) of the Trade Act
of 1974), taking into account differences in
the level of development among countries;
(ii) to examine the effects on
international trade and investment of the
systematic denial of those worker rights;
(iii) to consider ways to address such
effects; and
(iv) to develop methods to coordinate the
work program of the working group with the ILO.
(D) To provide for regular review of adherence to
core labor standards in the Trade Policy Review
Mechanism established in Annex 3 to the WTO Agreement.
(E) To establish a working relationship between the
WTO and the ILO--
(i) to identify opportunities in trade-
affected sectors of the economies of WTO
members to improve enforcement of
internationally recognized core labor
standards;
(ii) to provide WTO members with technical
and legal assistance in developing and
enforcing internationally recognized core labor
standards; and
(iii) to provide technical assistance to
the WTO to assist with the Trade Policy Review
Mechanism.
(14) Trade and the environment.--The principal negotiating
objectives of the United States with respect to trade and the
environment are the following:
(A) To strengthen the role of the Committee on
Trade and Environment of the WTO, including providing
that the Committee would--
(i) review and comment on negotiations; and
(ii) review potential effects on the
environment of WTO Agreements and future
agreements of the WTO on liberalizing trade in
natural resource products.
(B) To provide for regular review of adherence to
environmental standards in the Trade Policy Review
Mechanism of the WTO.
(C) To clarify exceptions under Article XX(b) and
(g) of the GATT 1994 to ensure effective protection of
human, animal, or plant life or health, and
conservation of exhaustible natural resources.
(D) To amend Article XX of the GATT 1994 and
Article XIV of the GATS to include an explicit
exception for actions taken that are in accordance with
those obligations under any multilateral environmental
agreement accepted by both parties to a dispute.
(E) To amend Article XIV of the GATS to include an
exception for measures relating to the conservation of
exhaustible natural resources if such measures are made
effective in conjunction with restrictions on domestic
production or consumption.
(F) To give priority to trade liberalization
measures that promote sustainable development,
including eliminating duties on environmental goods,
and obtaining commitments on environmental services.
(G) To reduce subsidies in natural resource sectors
(including fisheries and forest products) and export
subsidies in agriculture.
(H) To improve coordination between the WTO and
relevant international environmental organizations in
the development of multilaterally accepted principles
for sustainable development, including sustainable
forestry and fishery practices.
(15) Institution building.--The principal negotiating
objectives of the United States with respect to institution
building are the following:
(A) To strengthen institutional mechanisms within
the WTO that facilitate dialogue and coordinate
activities between nongovernmental organizations and
the WTO.
(B) To seek greater transparency of WTO processes
and procedures for all WTO members by--
(i) promoting the improvement of internal
communication between the Secretariat and all
WTO members; and
(ii) establishing points of contact to
facilitate communication between WTO members on
any matter covered by the WTO Agreements.
(C) To improve coordination between the WTO and
other international organizations such as the
International Bank for Reconstruction and Development,
the International Monetary Fund, the ILO, the
Organization for Economic Cooperation and Development,
the United Nations Conference on Trade and Development,
and the United Nations Environment Program to increase
the effectiveness of technical assistance programs.
(D) To increase the efforts of the WTO, both on its
own and through partnerships with other institutions,
to provide technical assistance to developing
countries, particularly least-developed countries, to
promote the rule of law, to assist those countries in
complying with their obligations under the World Trade
Organization agreements, and to address the full range
of challenges arising from implementation of such
obligations.
(E) To improve the Trade Policy Review Mechanism of
the WTO to cover a wider array of trade-related issues.
(16) Trade and investment.--The principal negotiating
objectives of the United States with respect to trade and
investment are the following:
(A) To pursue further reduction of trade-distorting
investment measures, including--
(i) by pursuing agreement to ensure the
free transfer of funds related to investments;
(ii) by pursuing reduction or elimination
of the exceptions to the principle of national
treatment; and
(iii) by pursuing amendment of the
illustrative list annexed to the WTO Agreement
on Trade-Related Investment Measures (in this
section also referred to as the ``TRIMs
Agreement'') to include forced technology
transfers, performance requirements, minimum
investment levels, forced licensing of
intellectual property, or other unreasonable
barriers to the establishment or operation of
investments as measures that are inconsistent
with the obligation of national treatment
provided for in paragraph 4 of Article III of
the GATT 1994 or the obligation of general
elimination of quantitative restrictions
provided for in paragraph 1 of Article XI of
the GATT 1994.
(B) To seek to strengthen the enforceability of and
compliance with the TRIMs Agreement.
(17) Electronic commerce.--The principal negotiating
objectives of the United States with respect to electronic
commerce are the following:
(A) Make permanent and binding the moratorium on
customs duties on electronic transmissions declared in
the WTO Ministerial Declaration of May 20, 1998.
(B) Ensure that current obligations, rules,
disciplines, and commitments under the WTO apply to
electronically delivered goods and services.
(C) Ensure that the classification of
electronically delivered goods and services ensures the
most liberal trade treatment possible.
(D) Ensure that electronically delivered goods and
services receive no less favorable treatment under WTO
trade rules and commitments than like products
delivered in physical form.
(E) Ensure that governments refrain from
implementing trade-related measures that impede
electronic commerce.
(F) Where legitimate policy objectives require
domestic regulations that affect electronic commerce,
to obtain commitments that any such regulations are
nondiscriminatory, transparent, and promote an open
market environment.
(G) Pursue a procompetitive regulatory environment
for basic and value-added telecommunications services
abroad, so as to facilitate the conduct of electronic
commerce.
(H) Focus any future WTO work program on electronic
commerce on educating WTO members regarding the
benefits of electronic commerce and on facilitating the
liberalization of trade barriers in areas that directly
impede the conduct of electronic commerce.
(18) Developing countries.--The principal negotiating
objectives of the United States with respect to developing
countries are the following:
(A) To enter into trade agreements that promote the
economic growth of both developing countries and the
United States and the mutual expansion of market
opportunities.
(B) To ensure appropriate phase-in periods with
respect to the obligations of least-developed
countries.
(C) To coordinate with the World Bank, the
International Monetary Fund, and other international
institutions to provide debt relief and other
assistance to promote the rule of law and sound and
sustainable development.
(D) To accelerate tariff reductions that benefit
least-developed countries.
(19) Current account surpluses.--The principal negotiating
objective of the United States with respect to current account
surpluses is to develop rules to address large and persistent
global current account imbalances of countries, including
imbalances that threaten the stability of the international
trading system, by imposing greater responsibility on such
countries to undertake policy changes aimed at restoring
current account equilibrium, including expedited implementation
of trade agreements where feasible and appropriate or by
offering debt repayment on concessional terms.
(20) Trade and monetary coordination.--The principal
negotiating objective of the United States with respect to
trade and monetary coordination is to foster stability in
international currency markets and develop mechanisms to assure
greater coordination, consistency, and cooperation between
international trade and monetary systems and institutions in
order to protect against the trade consequences of significant
and unanticipated currency movements.
(21) Access to high technology.--The principal negotiating
objectives of the United States with respect to access to high
technology are the following:
(A) To obtain the elimination or reduction of
foreign barriers to, and of acts, policies, or
practices by foreign governments which limit, equitable
access by United States persons to foreign-developed
technology.
(B) To seek the elimination of tariffs on all
information technology products, infrastructure
equipment, scientific instruments, and medical
equipment.
(C) To pursue the reduction of foreign barriers to
high technology products of the United States.
(D) To enforce and promote the Agreement on
Technical Barriers to Trade, and ensure that standards,
conformity assessments, and technical regulations are
not used as obstacles to trade in information
technology and communications products.
(E) To require all WTO members to sign the
Information Technology Agreement of the WTO, and to
expand and update product coverage under that
agreement.
(22) 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 the following:
(A) To obtain standards applicable to persons from
all countries participating in the applicable trade
agreement that are equivalent to, or more restrictive
than, the prohibitions applicable to issuers, domestic
concerns, and other persons under section 30A of the
Securities and Exchange Act of 1934 and sections 104
and 104A of the Foreign Corrupt Practices Act of 1977.
(B) To implement mechanisms to ensure effective
enforcement of the standards described in subparagraph
(A).
(23) Implementation of existing commitments and improvement
of the wto and the wto agreements.--The principal negotiating
objectives of the United States with respect to implementation
of existing commitments under the WTO are the following:
(A) To ensure that all WTO members comply fully
with existing obligations under the WTO according to
existing commitments and timetables.
(B) To strengthen the ability of the Trade Policy
Review Mechanism within the WTO to review
implementation by WTO members of commitments under the
WTO.
(C) To undertake diplomatic and, as appropriate,
dispute settlement efforts to promote compliance with
commitments under the WTO.
(D) To extend the coverage of the WTO Agreements to
products, sectors, and conditions of trade not
adequately covered.
(c) Negotiating Objectives for the FTAA.--The principal negotiating
objectives of the United States in seeking a trade agreement
establishing a Free Trade Area for the Americas are the following:
(1) Reciprocal trade in agriculture.--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
equal 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 doing the following:
(A) Reducing or eliminating, by a date certain,
tariffs or other charges that decrease market
opportunities for United States exports, giving
priority to those products that are subject to
significantly higher tariffs or subsidy regimes of
major producing countries and providing reasonable
adjustment periods for import sensitive products of the
United States, in close consultation with Congress.
(B) Eliminating disparities between applied and
bound tariffs by reducing bound tariff levels.
(C) Enhancing the transparency of tariff regimes.
(D) Tightening disciplines governing the
administration of tariff rate quotas.
(E) Establishing mechanisms to prevent agricultural
products from being exported to FTAA members by
countries that are not FTAA members with the aid of
export subsidies.
(F) Maintaining bona fide food aid programs.
(G) Allowing the preservation of programs that
support family farms and rural communities but do not
distort trade.
(H) Eliminating state trading enterprises or, at a
minimum, adopting rigorous disciplines that ensure
transparency in the operations of such enterprises,
including price transparency, competition, and the end
of discriminatory practices, including policies
supporting cross-subsidization, price discrimination,
and price undercutting in export markets.
(I) Eliminating technology-based discrimination
against agricultural commodities, and ensuring that the
rules negotiated do not weaken rights and obligations
under the Agreement on the Application of Sanitary and
Phytosanitary Measures.
(J) Eliminating practices that adversely affect
trade in perishable or seasonal products, while
improving import relief mechanisms to recognize the
unique characteristics of perishable and seasonal
agriculture. Before proceeding with negotiations with
respect to agriculture, the Trade Representative, in
consultation with the Congress, shall seek to develop a
position on the treatment of perishable and seasonal
food products to be employed in the negotiations in
order to develop a consensus on the treatment of such
products in dumping or safeguard actions and in any
other relevant area.
(K) 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.
(L) 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.
(M) Taking into account the impact that agreements
covering agriculture to which the United States is a
party, including NAFTA, have on the United States
agricultural industry.
(2) Trade in services.--The principal negotiating objective
of the United States with respect to trade in services is to
achieve, to the maximum extent possible, the elimination of
barriers to, or other distortions of, trade in services in all
modes of supply and across the broadest range of service
sectors by doing the following:
(A) Pursuing agreement to treat negotiation of
trade in services in a negative list manner whereby
commitments will cover all services and all modes of
supply unless particular services or modes of supply
are expressly excluded.
(B) Achieving maximum liberalization of market
access in all modes of supply, including by removing
restrictions on the legal form of an investment or on
the right to own all or a majority share of a service
supplier, subject to national security exceptions.
(C) Removing regulatory and other barriers that
deny national treatment, or unreasonably restrict the
establishment or operations of service suppliers in
foreign markets.
(D) Eliminating additional barriers to trade in
services, including restrictions on access to services
distribution networks and information systems,
unreasonable or discriminatory licensing requirements,
administration of cartels or toleration of
anticompetitive activity, unreasonable delegation of
regulatory powers to private entities, and similar
government acts, measures, or policies affecting the
sale, offering for sale, purchase, distribution, or use
of services that have the effect of restricting access
of services and service suppliers to a foreign market.
(E) Grandfathering existing concessions and
liberalization commitments.
(F) Pursuing the strongest possible obligations to
ensure that regulation of services and service
suppliers in all respects, including by rulemaking,
license-granting, standards-setting, and through
judicial, administrative, and arbitral proceedings, is
conducted in a transparent, reasonable, objective, and
impartial manner and is otherwise consistent with
principles of due process.
(G) Strongly opposing cultural exceptions to
services obligations, especially relating to
audiovisual services and service providers.
(H) Preventing discrimination against a like
service when delivered through electronic means.
(I) Pursuing full market access and national
treatment commitments for services sectors essential to
supporting electronic commerce.
(J) Broadening and deepening existing commitments
by other countries relating to basic and value-added
telecommunications, including by--
(i) strengthening obligations and the
implementation of obligations to
ensure competitive, nondiscriminatory access to public
telecommunication networks and services for Internet service providers
and other value-added service providers; and
(ii) preventing anticompetitive behavior by
major suppliers, including service suppliers
that are either government owned or controlled
or recently government owned or controlled.
(K) Broadening and deepening existing commitments
of other countries relating to financial services.
(3) Trade in manufactured and nonagricultural goods.--The
principal negotiating objectives of the United States with
respect to trade in manufactured and nonagricultural goods are
the following:
(A) To eliminate disparities between applied and
bound tariffs by reducing bound tariff levels.
(B) To negotiate an agreement that includes
reciprocal commitments to eliminate duties in sectors
in which tariffs are currently approaching zero.
(C) To eliminate tariff and nontariff disparities
remaining from previous rounds of multilateral trade
negotiations that have put United States exports at a
competitive disadvantage in world markets, especially
tariff and nontariff barriers in foreign countries in
those sectors where the United States imposes no
significant barriers to imports and where foreign
tariff and nontariff barriers are substantial.
(D) To obtain the reduction or elimination of
tariffs on value-added products that provide a
disproportionate level of protection compared to that
provided to raw materials.
(E) To eliminate additional nontariff barriers to
trade, including--
(i) anticompetitive restrictions on access
to product distribution networks and
information systems;
(ii) unreasonable or discriminatory
inspection processes;
(iii) the administration of cartels, or the
promotion, enabling, or toleration of
anticompetitive activity;
(iv) unreasonable delegation of regulatory
powers to private entities;
(v) unreasonable or discriminatory
licensing requirements; and
(vi) similar government acts, measures, or
policies affecting the sale, offering for sale,
purchase, transportation, distribution, or use
of goods that have the effect of restricting
access of goods to a foreign market.
(4) Dispute settlement.--The principal negotiating
objectives of the United States with respect to dispute
settlement are the following:
(A) To provide for a single effective and
expeditious dispute settlement mechanism and set of
procedures that applies to all FTAA agreements.
(B) To ensure that dispute settlement mechanisms
enable effective enforcement of the rights of the
United States, including by providing, in all contexts,
for the use of all remedies that are demonstrably
effective to promote prompt and full compliance with
the decision of a dispute settlement panel.
(C) To provide rules that promote cooperation by
the governments of FTAA members in producing evidence
in connection with dispute settlement proceedings,
including copies of laws, regulations, and other
measures that are the subject of or are directly
relevant to the dispute, other than evidence that is
classified on the basis of national security, and
evidence that is business confidential.
(D) To require that all submissions by governments
to FTAA dispute panels and any appellate body be made
available to the public upon submission, providing
appropriate exceptions for only that information
included in a submission that is classified on the
basis of national security or that is business
confidential.
(E) To require that meetings of FTAA dispute panels
and any appellate body with the parties to a dispute
are open to other FTAA members and the public and
provide for in camera treatment of only those portions
of a proceeding dealing with evidence that is
classified on the basis of national security or that is
business confidential.
(F) To require that transcripts of proceedings of
FTAA dispute panels and any appellate body be made
available to the public promptly, providing appropriate
exceptions for only that information included in the
transcripts that is classified on the basis of national
security or that is business confidential.
(G) To establish rules allowing for the submission
of amicus curiae briefs to FTAA dispute panels and any
appellate body, and to require that such briefs be made
available to the public, providing appropriate
exceptions for only that information included in the
briefs that is classified on the basis of national
security or that is business confidential.
(H) To pursue rules protecting against conflicts of
interest by members of FTAA dispute panels and any
appellate body, and promoting the selection of members
for such panels and appellate body with the skills and
time necessary to decide increasingly complex cases.
(I) To pursue the establishment of formal
procedures under which the FTAA dispute panels and any
appellate body seek advice from other fora of competent
jurisdiction, such as the International Court of
Justice, ILO, representative bodies established under international
environmental agreements, and scientific experts.
(5) Trade-related aspects of intellectual property
rights.--The principal negotiating objectives of the United
States with respect to trade-related aspects of intellectual
property rights are the following:
(A) To ensure that the provisions of a regional
trade agreement governing intellectual property rights
that is entered into by the United States reflects a
standard of protection similar to that found in United
States law.
(B) To provide strong protection for new and
emerging technologies and new methods of transmitting
and distributing products embodying intellectual
property.
(C) To prevent or eliminate discrimination with
respect to matters affecting the availability,
acquisition, scope, maintenance, use, and enforcement
of intellectual property rights.
(D) To ensure that standards of protection and
enforcement keep pace with technological developments,
including 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.
(E) To provide strong enforcement of intellectual
property rights, including through accessible,
expeditious, and effective civil, administrative, and
criminal enforcement mechanisms.
(F) To secure fair, equitable and nondiscriminatory
market access opportunities for United States persons
that rely upon intellectual property protection.
(G) To prevent misuse of reference pricing
classification systems by developed countries as a way
to discriminate against innovative pharmaceutical
products and innovative medical devices, without
challenging valid reference pricing systems not used as
a disguised restriction on trade.
(H)(i) To ensure that FTAA members are able to
adopt measures necessary to protect the public health
and to respond to situations of national emergency or
extreme urgency, including taking actions that have the
effect of increasing access to essential medicines and
medical technologies, where such actions are consistent
with obligations set forth in Article 31 of the TRIPs
Agreement.
(ii) In situations involving infectious diseases,
to encourage FTAA members that take actions described
under clause (i) to also implement policies--
(I) to address the underlying causes
necessitating the actions, including, in the
case of infectious diseases, encouraging
practices that will prevent further
transmission and infection;
(II) to take steps to stimulate the
development of the infrastructure necessary to
deliver adequate health care services,
including the essential medicines and medical
technologies at issue;
(III) to ensure the safety and efficacy of
the essential medicines and medical
technologies involved; and
(IV) to make reasonable efforts to address
the problems of supply of the essential
medicines and medical technologies involved
(other than by compulsory licensing).
(iii) To encourage FTAA members and the private
sectors in their countries to work with the United
Nations, the World Health Organization, the Inter-
American Development Bank, the Organization of American
States, and other relevant international organizations,
including humanitarian relief organizations, to assist
least-developed and developing countries in the region
in increasing access to essential medicines and medical
technologies through donations, sales at cost, funding
or global medicines trust funds, and developing and
implementing prevention efforts and health care
infrastructure projects.
(6) Transparency.--The principal negotiating objectives of
the United States with respect to transparency are the
following:
(A) To pursue the negotiation of an agreement--
(i) requiring that government laws, rules,
and administrative and judicial decisions be
published and made available to the public so
that governments, businesses and the public
have adequate notice of them;
(ii) requiring adequate notice before new
rules are promulgated or existing rules
amended;
(iii) encouraging governments to open
rulemaking to public comment;
(iv) establishing that any administrative
proceeding by any FTAA member relating to any
of the FTAA agreements and applied to the
persons, goods, or services of any other FTAA
member shall be conducted in a manner that--
(I) gives persons of any other FTAA
member affected by the proceeding
reasonable notice, in accordance with
domestic procedures, of when the
proceeding is initiated, including a
description of the nature of the
proceeding, a statement of the legal
authority under which the proceeding is
initiated, and a general description of
any issues in controversy;
(II) gives such persons a
reasonable opportunity to present facts
and arguments in support of their
positions prior to any final
administrative action, when time, the
nature of the proceeding, and the public interest permit; and
(III) is in accordance with
domestic law; and
(v) requiring each FTAA member--
(I) to establish or maintain
judicial, quasi-judicial, or
administrative tribunals (impartial and
independent of the office or authority
entrusted with administrative
enforcement) or procedures for the
purpose of the prompt review and, where
warranted, correction of final
administrative actions regarding
matters covered by any of the FTAA
agreements;
(II) to ensure that, in such
tribunals or procedures, parties to the
proceeding are afforded a reasonable
opportunity to support or defend their
respective positions; and
(III) to ensure that such tribunals
or procedures issue decisions based on
the evidence and submissions of record
or, where required by domestic law, the
record compiled by the office or
authority entrusted with administrative
enforcement.
(B) To require the institution of regular meetings
between officials of an FTAA secretariat, if
established, and representatives of nongovernmental
organizations, businesses and business groups, labor
unions, consumer groups, and other representatives of
civil society.
(C) To continue to maintain, expand, and update an
official FTAA website in order to disseminate a wide
range of information on the FTAA, including the draft
texts of the agreements negotiated pursuant to the
FTAA, the final text of such agreements, tariff
information, regional trade statistics, and links to
websites of FTAA member countries that provide further
information on government regulations, procedures, and
related matters.
(7) Government procurement.--The principal negotiating
objectives for the United States with respect to government
procurement are the following:
(A) To seek the acceptance by all FTAA members of
the Agreement on Government Procurement.
(B) To seek conclusion of an agreement on
transparency in government procurement.
(C) To promote global use of electronic publication
of procurement information, including notices of
procurement opportunities.
(8) Trade remedy laws.--The principal negotiating
objectives for the United States with respect to trade remedy
laws are the following:
(A) To preserve the ability of the United States to
enforce vigorously its trade laws, including the
antidumping, countervailing duty, and safeguard laws,
and not enter into agreements that lessen in any
respect the effectiveness of domestic and international
disciplines--
(i) on unfair trade, especially dumping and
subsidies, or
(ii) that address import increases or
surges, such as under the safeguard remedy,
in order to ensure that United States workers, farmers
and agricultural producers, and firms can compete fully
on fair terms and enjoy the benefits of reciprocal
trade concessions.
(B) To eliminate the underlying causes of unfair
trade practices and import surges, including closed
markets, subsidization, promoting, enabling, or
tolerating anticompetitive practices, and other forms
of government intervention that generate or sustain
excess, uneconomic capacity.
(9) Trade and labor market standards.--The principal
negotiating objectives of the United States with respect to
trade and labor market standards are the following:
(A) To include enforceable rules that provide for
the adoption and enforcement of the following core
labor standards: the right of association, the right to
bargain collectively, and prohibitions on employment
discrimination, child labor, and slave labor.
(B) To establish as the trigger for invoking the
dispute settlement process with respect to the
obligations under subparagraph (A)--
(i) an FTAA member's failure to effectively
enforce its domestic labor standards through a
sustained or recurring course of action or
inaction, in a manner affecting trade or
investment; or
(ii) an FTAA member's waiver or other
derogation from its domestic labor standards
for the purpose of attracting investment,
inhibiting exports by other FTAA members, or
otherwise gaining a competitive advantage,
recognizing that--
(I) FTAA members 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 matters
determined to have higher priorities; and
(II) FTAA members retain the right to
establish their own domestic labor standards,
and to adopt or modify accordingly labor
policies, laws, and regulations, in a manner
consistent with the core labor standards
identified in subparagraph (A).
(C) To provide for phased-in compliance for least-
developed countries comparable to mechanisms utilized
in other FTAA agreements.
(D) To create an FTAA work program that--
(i) will provide guidance and technical
assistance to FTAA members in supplementing and
strengthening their labor laws and regulations,
including, in particular, laws and regulations
relating to the core labor standards identified
in subparagraph (A); and
(ii) includes commitments by FTAA members
to provide market access incentives for the
least-developed FTAA members to improve
adherence to and enforcement of the core labor
standards identified in subparagraph (A), and
to meet their schedule for phased-in compliance
on or ahead of schedule.
(E) To provide for regular review of adherence to
core labor standards.
(F) To create exceptions from the obligations under
the FTAA agreements for--
(i) products produced by prison labor or
slave labor, and products produced by child
labor proscribed by Convention 182 of the ILO;
and
(ii) actions taken consistent with, and in
furtherance of, recommendations made by the
ILO.
(10) Trade and the environment.--The principal negotiating
objectives of the United States with respect to trade and the
environment are the following:
(A) To obtain rules that provide for the
enforcement of environmental laws and regulations
relating to--
(i) the prevention, abatement, or control
of the release, discharge, or emission of
pollutants or environmental contaminants;
(ii) the control of environmentally
hazardous or toxic chemicals, substances,
materials and wastes, and the dissemination of
information related thereto; and
(iii) the protection of wild flora or
fauna, including endangered species, their
habitats, and specially protected natural
areas, in the territory of FTAA member
countries.
(B) To establish as the trigger for invoking the
dispute settlement process--
(i) an FTAA member's failure to effectively
enforce such laws and regulations through a
sustained or recurring course of action or
inaction, in a manner affecting trade or
investment, or
(ii) an FTAA member's waiver or other
derogation from its domestic environmental laws
and regulations, for the purpose of attracting
investment, inhibiting exports by other FTAA
members, or otherwise gaining a competitive
advantage,
recognizing that--
(I) FTAA members 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 environmental
matters determined to have higher priorities;
and
(II) FTAA members retain the right to
establish their own levels of domestic
environmental protection and environmental
development policies and priorities, and to
adopt or modify accordingly environmental
policies, laws, and regulations.
(C) To provide for phased-in compliance for least-
developed countries, comparable to mechanisms utilized
in other FTAA agreements.
(D) To create an FTAA work program that--
(i) will provide guidance and technical
assistance to FTAA members in supplementing and
strengthening their environmental laws and
regulations based on--
(I) the standards in existing
international agreements that provide
adequate protection; or
(II) the standards in the laws of
other FTAA members if the standards in
international agreements standards are
inadequate or do not exist; and
(ii) includes commitments by FTAA members
to provide market access incentives for the
least-developed FTAA members to strengthen
environmental laws and regulations.
(E) To provide for regular review of adherence to
environmental laws and regulations.
(F) To create exceptions from obligations under the
FTAA agreements for--
(i) measures taken to provide effective
protection of human, animal, or plant life or
health;
(ii) measures taken to conserve exhaustible
natural resources if such measures are made
effective in conjunction with restrictions on
domestic production or consumption; and
(iii) measures taken that are in accordance
with obligations under any multilateral
environmental agreement accepted by both
parties to a dispute.
(G) To give priority to trade liberalization
measures that promote sustainable development,
including eliminating duties on environmental goods,
and obtaining commitments on environmental services.
(11) Institution building.--The principal negotiating
objectives of the United States with respect to institution
building are the following:
(A) To improve coordination between the FTAA and
other international organizations such as the
Organization of American States, the ILO, the United
Nations Environment Program, and the Inter-American
Development Bank to increase the effectiveness of
technical assistance programs.
(B) To ensure that the agreements entered into
under the FTAA provide for technical assistance to
developing and, in particular, least-developed
countries that are members of the FTAA to promote the
rule of law, enable them to comply with their
obligations under the FTAA agreements, and minimize
disruptions associated with trade liberalization.
(12) Trade and investment.--The principal negotiating
objectives of the United States with respect to trade and
investment are the following:
(A) To reduce or eliminate artificial or trade-
distorting barriers to foreign investment by United
States persons and, recognizing that United States law
on the whole provides a high level of protection for
investments, consistent with or greater than the level
required by international law, to secure for investors
the rights that would be available under United States
law, but no greater rights, by--
(i) ensuring national and most-favored
nation treatment for United States investors
and investments;
(ii) freeing the transfer of funds relating
to investments;
(iii) reducing or eliminating performance
requirements, forced technology transfers, and
other unreasonable barriers to the
establishment and operation of investments;
(iv) establishing standards for
expropriation and compensation for
expropriation, consistent with United States
legal principles and practice, including by
clarifying that expropriation does not arise in
cases of mere diminution in value;
(v) codifying the clarifications made on
July 31, 2001, by the Free Trade Commission
established under Article 2001 of the NAFTA
with respect to the minimum standard of
treatment under Article 1105 of the NAFTA such
that--
(I) any provisions included in an
investment agreement setting forth a
minimum standard of treatment prescribe
only that level of treatment required
by customary international law; and
(II) a determination that there has
been a breach of another provision of
the FTAA, or of a separate
international agreement, does not
establish that there has been a breach
of the minimum standard of treatment;
(vi) ensuring, through clarifications,
presumptions, exceptions, or other means in the
text of the agreement, that the investor
protections do not interfere with an FTAA
member's exercise of its police powers under
its local, State, and national laws (for
example legitimate health, safety,
environmental, consumer, and employment
opportunity laws and regulations), including by
a clarification that the standards in an
agreement do not require use of the least trade
restrictive regulatory alternative;
(vii) providing an exception for actions
taken in accordance with obligations under a
multilateral environmental agreement agreed to
by both countries involved in the dispute;
(viii) providing meaningful procedures for
resolving investment disputes;
(ix) ensuring that--
(I) no claim by an investor
directly against a state may be brought
unless the investor first submits the
claim for approval to the home
government of the investor;
(II) such approval is granted for
each claim which the investor
demonstrates is meritorious;
(III) such approval is considered
granted if the investor's home
government has not acted upon the
submission within a defined reasonable
period of time; and
(IV) each FTAA member establishes
or designates an independent
decisionmaker to determine whether the
standard for approval has been
satisfied; and
(x) providing a standing appellate
mechanism to correct erroneous interpretations
of law.
(B) To ensure the fullest measure of transparency
in the dispute settlement mechanism established, by--
(i) ensuring that all requests for dispute
settlement are promptly made public, to the
extent consistent with the need to protect
information that is classified or business
confidential;
(ii) ensuring that--
(I) all proceedings, submissions,
findings, and decisions, are promptly
made public; and
(II) all hearings are open to the
public, to the extent consistent with
need to protect information that is
classified or business confidential;
and
(iii) establishing a mechanism for
acceptance of amicus curiae submissions from
businesses, unions, and nongovernmental
organizations.
(13) Electronic commerce.--The principal negotiating
objectives of the United States with respect to electronic
commerce are the following:
(A) To make permanent and binding on FTAA members
the moratorium on customs duties on electronic
transmissions declared in the WTO Ministerial
Declaration of May 20, 1998.
(B) To ensure that governments refrain from
implementing trade-related measures that impede
electronic commerce.
(C) To ensure that electronically delivered goods
and services receive no less favorable treatment under
trade rules and commitments than like products
delivered in physical form.
(D) To ensure that the classification of
electronically delivered goods and services ensures the
most liberal trade treatment possible.
(E) Where legitimate policy objectives require
domestic regulations that affect electronic commerce,
to obtain commitments that any such regulations are
nondiscriminatory, transparent, and promote an open
market environment.
(F) To pursue a regulatory environment that
encourages competition in basic telecommunications
services abroad, so as to facilitate the conduct of
electronic commerce.
(14) Developing countries.--The principal negotiating
objectives of the United States with respect to developing
countries are the following:
(A) To enter into trade agreements that promote the
economic growth of both developing countries and the
United States and the mutual expansion of market
opportunities.
(B) To ensure appropriate phase-in periods with
respect to the obligations of least-developed
countries.
(C) To coordinate with the Organization of American
States, the Inter-American Development Bank, and other
regional and international institutions to provide debt
relief and other assistance to promote the rule of law
and sound and sustainable development.
(D) To accelerate tariff reductions that benefit
least-developed countries.
(15) Trade and monetary coordination.--The principal
negotiating objective of the United States with respect to
trade and monetary coordination is to foster stability in
international currency markets and develop mechanisms to assure
greater coordination, consistency, and cooperation between
international trade and monetary systems and institutions in
order to protect against the trade consequences of significant
and unanticipated currency movements.
(16) Access to high technology.--The principal negotiating
objectives of the United States with respect to access to high
technology are the following:
(A) To obtain the elimination or reduction of
foreign barriers to, and of acts, policies, or
practices by foreign governments that limit, equitable
access by United States persons to foreign-developed
technology.
(B) To seek the elimination of tariffs on all
information technology products, infrastructure
equipment, scientific instruments, and medical
equipment.
(C) To pursue the reduction of foreign barriers to
high technology products of the United States.
(D) To enforce and promote the Agreement on
Technical Barriers to Trade, and ensure that standards,
conformity assessment, and technical regulations are
not used as obstacles to trade in information
technology and communications products.
(E) To require all parties to sign the Information
Technology Agreement of the WTO and to expand and
update product coverage under such agreement.
(17) 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 are--
(A) to obtain standards applicable to persons from
all FTAA member countries that are equivalent to, or
more restrictive than, the prohibitions applicable to
issuers, domestic concerns, and other persons under
section 30A of the Securities and Exchange Act of 1934
and sections 104 and 104A of the Foreign Corrupt
Practices Act of 1977; and
(B) to implement mechanisms to ensure effective
enforcement of the standards described in subparagraph
(A).
(d) Bilateral Agreements.--
(1) Principal negotiating objectives.--The principal
negotiating objectives of the United States in seeking
bilateral trade agreements are those objectives set forth in
subsection (c), except that in applying such subsection, any
references to the FTAA or FTAA member countries shall be deemed
to refer to the bilateral agreement, or party to the bilateral
agreement, respectively.
(2) 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.
(e) Domestic Objectives.--In pursuing the negotiating objectives
under subsections (a) through (d), United States negotiators shall take
into account legitimate United States domestic (including State and
local) objectives, including, but not limited to, the protection of
health and safety, essential security, environmental, consumer, and
employment opportunity interests and the laws and regulations related
thereto.
SEC. 3. CONGRESSIONAL TRADE ADVISERS.
Section 161(a)(1) of the Trade Act of 1974 (19 U.S.C. 2211(a)(1))
is amended to read as follows:
``(1) At the beginning of each regular session of
Congress--
``(A) the Speaker of the House of Representatives
shall--
``(i) upon the recommendation of the
chairman and ranking member of the Committee on
Ways and Means, select 5 members (not more than
3 of whom are members of the same political
party) of such committee,
``(ii) upon the recommendation of the
chairman and ranking member of the Committee on
Agriculture, select 2 members (from different
political parties) of such committee, and
``(iii) upon the recommendation of the
majority leader and minority leader of the
House of Representatives, select 2 members of
the House of Representatives (from different
political parties), and
``(B) the President pro tempore of the Senate
shall--
``(i) upon the recommendation of the
chairman and ranking member of the Committee on
Finance, select 5 members (not more than 3 of
whom are members of the same political party)
of such committee,
``(ii) upon the recommendation of the
chairman and ranking member of the Committee on
Agriculture, Nutrition, and Forestry, select 2
members (from different political parties) of
such committee, and
``(iii) upon the recommendation of the
majority leader and minority leader of the
Senate, select 2 members of the Senate (from
different political parties),
who shall be designated congressional advisers on trade policy
and negotiations. They shall provide advice on the development
of trade policy and priorities for the implementation thereof.
They shall also be accredited by the United States Trade
Representative on behalf of the President as official advisers
to the United States delegations to international conferences,
meetings, dispute settlement proceedings, and negotiating
sessions relating to trade agreements.''.
SEC. 4. TRADE AGREEMENTS AUTHORITY.
(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, and objectives of this Act will be promoted
thereby, the President--
(A) may enter into trade agreements with foreign
countries before--
(i) the date that is 5 years after the date
of the enactment of this Act, or
(ii) the date that is 7 years after such
date of enactment, if fast track procedures are
extended under subsection (c), 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 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; or
(B) increases any rate of duty above the rate that
applied on such date of enactment.
(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 7 and
that bill is enacted into law.
(6) Other tariff modifications.--Notwithstanding paragraphs
(1)(B) and (2) through (5), and 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.
(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, and objectives of this Act
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) the date that is 5 years after the date of the
enactment of this Act, or
(ii) the date that is 7 years after such date of
enactment, if fast track procedures are extended under
subsection (c).
(2) Conditions.--A trade agreement may be entered into
under this subsection only if such agreement substantially
achieves the applicable objectives described in section 2 and
the conditions set forth in sections 5, 6, and 7 are met.
(3) Bills qualifying for fast track procedures.--(A) The
provisions of section 151 of the Trade Act of 1974 (in this Act
referred to as ``fast track procedures'') apply to a bill of
either House of Congress which contains provisions described in
subparagraph (B) to the same extent as such section 151 applies
to implementing bills under that section. A bill to which this
paragraph applies shall hereafter in this Act 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;
(ii) if changes in existing laws or new statutory
authority are required to implement such trade
agreement, provisions, necessary or appropriate to
implement such trade agreement or agreements, either
repealing or amending existing laws or providing new
statutory authority; and
(iii) provisions to provide trade adjustment
assistance to workers, firms, and communities.
(c) Extension Disapproval Process for Congressional Fast Track
Procedures.--
(1) In general.--Except as provided in section 5(c), 6(c),
and 7(b)--
(A) the fast track procedures apply to implementing
bills submitted with respect to trade agreements
entered into under subsection (b) before the date that
is 5 years after the date of the enactment of this Act;
and
(B) the fast track procedures shall be extended to
implementing bills submitted with respect to trade
agreements entered into under subsection (b) on or
after the date specified in subparagraph (A) and before
the date that is 7 years after the date of such
enactment 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 (6) before the date specified in
subparagraph (A).
(2) Report to congress by the president.--If the President
is of the opinion that the fast track procedures should be
extended to implementing bills to carry out trade agreements
under subsection (b), the President shall submit to the
Congress, not later than 3 months before the expiration of the
5-year period specified in paragraph (1)(A), 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, policies,
and objectives 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 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 2 months before the
expiration of the 5-year period specified in paragraph (1)(A),
a written report that contains--
(A) its views regarding the progress that has been
made in negotiations to achieve the purposes, policies,
and objectives 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) Report to congress by congressional trade advisers.--
The President shall promptly inform the congressional trade
advisers of the President's decision to submit a report to the
Congress under paragraph (2). The congressional trade advisers
shall submit to the Congress as soon as practicable, but not
later than 2 months before the expiration of the 5-year period
specified in paragraph (1)(A), a written report that contains--
(A) its views regarding the progress that has been
made in negotiations to achieve the purposes, policies,
and objectives of this Act; and
(B) a statement of their views, and the reasons
therefor, regarding whether the extension requested
under paragraph (2) should be approved or disapproved.
(5) Reports may be classified.--The reports under
paragraphs (2) and (3), or any portion of such reports, may be
classified to the extent the President determines appropriate,
and the report under paragraph (4), or any portion thereof, may
be classified.
(6) 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 4(c)(1)(B)(i) of the Comprehensive
Trade Negotiating Authority Act of 2001, of the fast track
procedures under that Act to any implementing bill submitted
with respect to any trade agreement entered into under section
4(b) of that Act after the date that is 5 years after the date
of the enactment of that Act.'', 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 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, in addition, by the
Committee on Rules; or
(iii) either House of the Congress to consider an
extension disapproval resolution after the date that is
5 years after the date of the enactment of this Act.
SEC. 5. COMMENCEMENT OF NEGOTIATIONS.
(a) In General.--In order to contribute to the continued economic
expansion of the United States and to benefit United States workers,
farmers, and businesses, the President shall commence negotiations
covering tariff and nontariff barriers affecting any industry, product,
or service sector, in cases where the President determines that such
negotiations are feasible and timely and would benefit the United
States. The President shall commence negotiations--
(1) to expand existing sectoral agreements to countries
that are not parties to those agreements; and
(2) to promote growth, open global markets, and raise
standards of living in the United States and other countries
and promote sustainable development.
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.
(b) Consultation Regarding Negotiating Objectives.--With respect to
any negotiations for a trade agreement under section 4(b), the
following shall apply:
(1) The President shall, in developing strategies for
pursuing negotiating objectives set forth in section 2 and
other relevant negotiating objectives to be pursued in
negotiations, consult with--
(A) the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the
Senate;
(B) the congressional trade advisers; and
(C) other appropriate committees of Congress.
(2) 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
the country or countries with which the negotiations will be
conducted. 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.
(c) Notice of Initiation; Disapproval Resolutions.--
(1) Notice.--The President shall--
(A) provide, at least 90 calendar days before
initiating the proposed 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 negotiating objectives to be pursued in the
negotiations, and whether the President intends to seek
an agreement or changes to an existing agreement; and
(B) 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, the
congressional trade advisers, and such other committees
of the House of Representatives and the Senate as the
President deems appropriate.
(2) Resolutions disapproving initiation of negotiations.--
(A) Inapplicability of fast track procedures to
agreements of which certain notice given.--Fast track
procedures shall not apply to any implementing bill
submitted with respect to a trade agreement entered
into under section 4(b) pursuant to negotiations with 2
or more countries of which notice is given under
paragraph (1)(A) if, during the 90-day period referred
to in that subsection, each House of Congress agrees to
a disapproval resolution described in subparagraph (B)
with respect to the negotiations.
(B) Disapproval resolutions.--For purposes of this
paragraph, the term ``disapproval resolution'' means a
resolution of either House of Congress, the sole matter
after the resolving clause of which is as follows:
``That the ____ disapproves the negotiations of which
the President notified the Congress on ____, under
section 5(c)(1) of the Comprehensive Trade Negotiating
Authority Act of 2001 and, therefore, the fast track
procedures under that Act shall not apply to any
implementing bill submitted with respect to any trade
agreement entered into pursuant to those
negotiations.'', with the first blank space being
filled with the name of the resolving House of
Congress, and the second blank space being filled with
the appropriate date.
(3) Procedures for considering resolutions.--(A)
Disapproval resolutions to which paragraph (2) applies--
(i) in the House of Representatives--
(I) shall be referred to the Committee on
Ways and Means and, in addition, to the
Committee on Rules; and
(II) may not be amended by either
Committee; and
(ii) in the Senate shall be referred to the
Committee on Finance.
(B) The provisions of section 152 (c), (d), and (e) of the
Trade Act of 1974 (19 U.S.C. 2192 (c), (d), and (e)) (relating
to the consideration of certain resolutions in the House and
Senate) apply to any disapproval resolution to which paragraph
(2) applies. In applying section 152(c)(1) of the Trade Act of
1974, all calendar days shall be counted.
(C) It is not in order for--
(i) the Senate to consider any joint
resolution unless it has been reported by the
Committee on Finance or the committee has been
discharged pursuant to subparagraph (B); or
(ii) the House of Representatives to
consider any joint resolution unless it has
been reported by the Committee on Ways and
Means or the committee has been discharged
pursuant to subparagraph (B).
SEC. 6. CONGRESSIONAL PARTICIPATION DURING NEGOTIATIONS.
(a) Consultations With Congressional Trade Advisers and Committees
of Jurisdiction.--In the course of negotiations conducted under this
Act, the Trade Representative shall--
(1) consult closely and on a timely basis with, and keep
fully apprised of the negotiations, the congressional trade
advisers, the Committee on Ways and Means of the House of
Representatives, and the Committee on Finance of the Senate;
(2) with respect to any negotiations and agreement relating
to agriculture, also consult closely and on a timely basis
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; and
(3) consult closely and on a timely basis with other
appropriate committees of Congress.
(b) Guidelines for Consultations.--
(1) Guidelines.--The Trade Representative, in consultation
with the chairmen and ranking minority members of the Committee
on Ways and Means of the House of Representatives, the
Committee on Finance of the Senate, and the congressional trade
advisers--
(A) shall, within 120 days after the date of the
enactment of this Act, develop written guidelines to
facilitate the useful and timely exchange of
information between the Trade Representative, the
committees referred to in subsection (a), and the
congressional trade advisers; 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 each committee
referred to in subsection (a) and the congressional
trade advisers regarding negotiating objectives and
positions and the status of negotiations, with more
frequent briefings as trade negotiations enter the
final stages;
(B) access by members of each such committee, the
congressional trade advisers, and staff with proper
security clearances, to pertinent documents relating to
negotiations, including classified materials; and
(C) the closest practicable coordination between
the Trade Representative, each such committee, and the
congressional trade advisers at all critical periods
during negotiations, including at negotiation sites.
(c) Disapproval Resolutions With Respect to Ongoing Negotiations.--
(1) Negotiations of which notice given.--Fast track
procedures shall not apply to any implementing bill submitted
with respect to a trade agreement entered into under section
4(b) pursuant to negotiations of which notice is given under
section 5(c)(1) if, at any time after the end of the 90-day
period referred to in section 5(c)((1), during the 120-day
period beginning on the date that one House of Congress agrees to a
disapproval resolution described in paragraph (3)(A) disapproving the
negotiations, the other House separately agrees to a disapproval
resolution described in paragraph (3)(A) disapproving those
negotiations. The disapproval resolutions of the two Houses need not be
in agreement with respect to disapproving any other negotiations.
(2) Prior negotiations.--Fast track procedures shall not
apply to any implementing bill submitted with respect to a
trade agreement to which section 8(a) applies if, during the
120-day period beginning on the date that one House of Congress
agrees to a disapproval resolution described in paragraph
(3)(B) disapproving the negotiations for that agreement, the
other House separately agrees to a disapproval resolution
described in paragraph (3)(B) disapproving those negotiations.
The disapproval resolutions of the two Houses need not be in
agreement with respect to disapproving any other negotiations.
(3) Disapproval resolutions.--(A) For purposes of paragraph
(1), the term ``disapproval resolution'' means a resolution of
either House of Congress, the sole matter after the resolving
clause of which is as follows: ``That the ____ disapproves the
negotiations of which the President notified the Congress on
____, under section 5(c)(1) of the Comprehensive Trade
Negotiating Authority Act of 2001 and, therefore, the fast
track procedures under that Act shall not apply to any
implementing bill submitted with respect to any trade agreement
entered into pursuant to those negotiations.'', with the first
blank space being filled with the name of the resolving House
of Congress, and the second blank space being filled with the
appropriate date or dates (in the case of more than 1 set of
negotiations being conducted).
(B) For purposes of paragraph (2), the term ``disapproval
resolution'' means a resolution of either House of Congress,
the sole matter after the resolving clause of which is as
follows: ``That the ____ disapproves the negotiations with
respect to ____, and, therefore, the fast track procedures
under the Comprehensive Trade Negotiating Authority Act of 2001
shall not apply to any implementing bill submitted with respect
to any trade agreement entered into pursuant to those
negotiations.'', with the first blank space being filled with
the name of the resolving House of Congress, and the second
blank space being filled with a description of the applicable
trade agreement or agreements.
(4) Procedures for considering resolutions.--(A) Any
disapproval resolution to which paragraph (1) or (2) applies--
(i) in the House of Representatives--
(I) shall be referred to the Committee on
Ways and Means and, in addition, to the
Committee on Rules; and
(II) may not be amended by either
Committee; and
(ii) in the Senate shall be referred to the
Committee on Finance.
(B) The provisions of section 152 (c), (d), and (e) of the
Trade Act of 1974 (19 U.S.C. 2192 (c), (d), and (e)) (relating
to the consideration of certain resolutions in the House and
Senate) apply to any disapproval resolution to which paragraph
(1) or (2) applies if--
(i) there are at least 145 cosponsors of the
resolution, in the case of a resolution of the House of
Representatives, and at least 34 cosponsors of the
resolution, in the case of a resolution of the Senate;
and
(ii) no resolution that meets the requirements of
clause (i) has previously been considered under such
provisions of section 152 of the Trade Act of 1974 in
that House of Congress during that Congress.
In applying section 152(c)(1) of the Trade Act of 1974, all
calendar days shall be counted.
(C) It is not in order for--
(i) the Senate to consider any joint resolution
unless it has been reported by the Committee on Finance
or the committee has been discharged pursuant to
subparagraph (B); or
(ii) the House of Representatives to consider any
joint resolution unless it has been reported by the
Committee on Ways and Means or the committee has been
discharged pursuant to subparagraph (B).
(5) Computation of certain time periods.--Each period of
time referred to in paragraphs (1) and (2) shall be computed
without regard to--
(A) the days on which either House of Congress is
not in session because of an adjournment of more than 3
days to a day certain or an adjournment of the Congress
sine die; and
(B) any Saturday and Sunday, not excluded under
subparagraph (A), when either House of Congress is not
in session.
(d) Environmental Assessment.--
(1) Initiation of assessment.--Upon the commencement of
negotiations for a trade agreement under section 4(b), the
Trade Representative, jointly with the Chair of the Council on
Environmental Quality, and in consultation with other
appropriate Federal agencies, shall commence an assessment of
the effects on the environment of the proposed trade agreement.
(2) Content.--The assessment under paragraph (1) shall
include an examination of--
(A) the potential effects of the proposed trade
agreement on the environment, natural resources, and
public health;
(B) the extent to which the proposed trade
agreement may affect the laws, regulations, policies,
and international agreements of the United States,
including State and local laws, regulations, and
policies, relating to the environment, natural
resources, and public health;
(C) measures to implement, and alternative
approaches to, the proposed trade agreement that would
minimize adverse effects and maximize benefits
identified under subparagraph (A); and
(D) a detailed summary of the manner in which the
results of the assessment were taken into consideration
in negotiation of the proposed trade agreement, and in
development of measures and alternative means
identified under subparagraph (C).
(3) Procedures.--The Trade Representative shall commence
the assessment under paragraph (1) by publishing notice
thereof, and a request for comments thereon, in the Federal
Register and transmitting notice thereof to the Congress. The
notice shall be given as soon as possible after sufficient
information exists concerning the scope of the proposed trade
agreement, but in no case later than 30 calendar days before
the applicable negotiations begin. The notice shall contain--
(A) the principal negotiating objectives of the
United States to be pursued in the negotiations;
(B) the elements and topics expected to be under
consideration for coverage by the proposed trade
agreement;
(C) the countries expected to participate in the
agreement; and
(D) the sectors of the United States economy likely
to be affected by the agreement.
(4) Consultations with congress.--The Trade Representative
shall submit to the Congress--
(A) within 6 months after the onset of
negotiations, a preliminary draft of the environmental
assessment conducted under this subsection; and
(B) not later than 90 calendar days before the
agreement is signed by the President, the final version
of the environmental assessment.
(5) Participation of other federal agencies and
departments.--(A) In conducting the assessment required under
paragraph (1), the Trade Representative and the Chair of the
Council on Environmental Quality shall draw upon the knowledge
of the departments and agencies with relevant expertise in the
subject matter under consideration, including, but not limited
to, the Environmental Protection Agency, the Departments of the
Interior, Agriculture, Commerce, Energy, State, the Treasury,
and Justice, the Agency for International Development, the
Council of Economic Advisors, and the International Trade
Commission.
(B)(i) The heads of the departments and agencies identified
in subparagraph (A), and the heads of other departments and
agencies with relevant expertise shall provide such resources
as are necessary to conduct the assessment required under this
subsection.
(ii) The President, in preparing the budget for the United
States Government each year for submission to the Congress,
shall include adequate funds for the departments and agencies
identified in subparagraph (A), and other departments and
agencies with relevant expertise referred to in that
subparagraph, to carry out their responsibilities under this
subsection.
(6) Consultations with the advisory committee.--(A) Section
135(c)(1) of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)) is
amended in the first sentence--
(i) by striking ``may establish'' and inserting
``shall establish''; and
(ii) by inserting ``environmental issues,'' after
``defense''.
(B) In developing measures and alternatives means
identified under paragraph (2)(C), the Trade Representative and
the Chair of the Council on Environmental Quality shall consult
with the environmental general policy advisory committee
established pursuant to section 135(c)(1) of the Trade Act of
1974 (19 U.S.C. 2155(c)(1)), as amended by subparagraph (A) of
this paragraph.
(7) Public participation.--The Trade Representative shall
publish the preliminary and final environmental assessments in
the Federal Register. The Trade Representative shall take into
account comments received from the public pursuant to notices
published under this subsection and shall include in the final
assessment a discussion of the public comments reflected in the
assessment.
(e) Labor Review.--
(1) Initiation of review.--Upon the commencement of
negotiations for a trade agreement under section 4(b), the
Trade Representative, jointly with the Secretary of Labor and
the Commissioners of the International Trade Commission, and in
consultation with other appropriate Federal agencies, shall
commence a review of the effects on workers in the United
States of the proposed trade agreement.
(2) Content.--The review under paragraph (1) shall include
an examination of--
(A) the extent to which the proposed trade
agreement may affect job creation, worker displacement,
wages, and the standard of living for workers in the
United States;
(B) the scope and magnitude of the effect of the
proposed trade agreement on the flow of workers to and
from the United States;
(C) the extent to which the proposed agreement may
affect the laws, regulations, policies, and
international agreements of the United States relating
to labor; and
(D) proposals to mitigate any negative effects of
the proposed trade agreement on workers, firms, and
communities in the United States, including proposals
relating to trade adjustment assistance.
(3) Procedures.--The Trade Representative shall commence
the review under paragraph (1) by publishing notice thereof,
and a request for comments thereon, in the Federal Register and
transmitting notice thereof to the Congress. The notice shall
be given not later than 30 calendar days before the applicable
negotiations begin. The notice shall contain--
(A) the principal negotiating objectives of the
United States to be pursued in the negotiations;
(B) the elements and topics expected to be under
consideration for coverage by the proposed trade
agreement;
(C) the countries expected to participate in the
agreement; and
(D) the sectors of the United States economy likely
to be affected by the agreement.
(4) Consultations with congress.--The Trade Representative
shall submit to the Congress--
(A) within 6 months after the onset of
negotiations, a preliminary draft of the labor review
conducted under this subsection; and
(B) not later than 90 calendar days before the
agreement is signed by the President, the final version
of the labor review.
(5) Participation of other departments and agencies.--(A)
In conducting the review required under paragraph (1), the
Trade Representative, the Secretary of Labor, and the
International Trade Commission shall draw upon the knowledge of
the departments and agencies with relevant expertise in the
subject matter under consideration.
(B)(i) The heads of the departments and agencies
referred to in subparagraph (A) shall provide such
resources as are necessary to conduct the review
required under this subsection.
(ii) The President, in preparing the budget of the
United States Government each year for submission to
the Congress, shall include adequate funds for the
departments and agencies referred to in subparagraph
(A) to carry out their responsibilities under this
subsection.
(6) Consultation with the advisory committee.--In
developing proposals under paragraph (2)(D), the Trade
Representative and the Secretary of Labor shall consult with
the labor general policy advisory committee established
pursuant to section 135(c)(1) of the Trade Act of 1974 (19
U.S.C. 2155(c)(1)), as amended by subsection (d)(6)(A) of this
section.
(7) Public participation.--The Trade Representative shall
publish the preliminary and final labor reviews in the Federal
Register. The Trade Representative shall take into account
comments received from the public pursuant to notices published
under this subsection and shall include in the final review a
discussion of the public comments reflected in the review.
(f) Notice of Effect on United States Trade Remedies.--
(1) Notice.--In any case in which negotiations being
conducted to conclude a trade agreement under section 4(b)
could affect the trade remedy laws of the United States or the
rights or obligations of the United States under the
Antidumping Agreement, the Agreement on Subsidies and
Countervailing Measures, or the Agreement on Safeguards, except
insofar as such negotiations are directly and exclusively
related to perishable and seasonal agricultural products, the
Trade Representative shall, at least 90 calendar days before
the President signs the agreement, notify the Congress of the
specific language that is the subject of the negotiations and
the specific possible impact on existing United States laws and
existing United States rights and obligations under those WTO
Agreements.
(2) Definition.--In this subsection, the term ``trade
remedy laws of the United States'' means section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337), title VII of the Tariff
Act of 1930 (19 U.S.C. 1671 et seq.), chapter 1 of title II of
the Trade Act of 1974 (19 U.S.C. 2251 et seq.), title III of
the Trade Act of 1974 (19 U.S.C. 2411 et seq.), section 406 of
the Trade Act of 1974 (19 U.S.C. 2436), and chapter 2 of title
IV of the Trade Act of 1974 (19 U.S.C. 2451 et seq.).
(g) Report on Investment Dispute Settlement Mechanism.--If any
agreement concluded under section 4(b) with respect to trade and
investment includes a dispute settlement mechanism allowing an investor
to bring a claim directly against a country, the President shall submit
a report to the Congress, not later than 90 calendar days before the
President signs the agreement, explaining in detail the meaning of each
standard included in the dispute settlement mechanism, and explaining
how the agreement does not interfere with the exercise by a signatory
to the agreement of its police powers under its national (including
State and local) laws, including legitimate health, safety,
environmental, consumer, and employment opportunity laws and
regulations.
(h) Consultation With Congress Before Agreements Entered Into.--
(1) Consultation.--Before entering into any trade agreement
under section 4(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;
(B) the congressional trade advisers; and
(C) 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, policies, and
objectives of this Act; and
(C) the implementation of the agreement under
section 7, including the general effect of the
agreement on existing laws.
(i) 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 4(a) or (b) of this Act shall be provided to
the President, the Congress, and the Trade Representative not later
than 30 calendar days after the date on which the President notifies
the Congress under section 7(a)(1)(A) of the President's intention to
enter into the agreement.
(j) 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 4(b), 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.
(k) Rules of House of Representatives and Senate.--Section 4(c),
section 5(c), and subsection (c) of this section 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. 7. IMPLEMENTATION OF TRADE AGREEMENTS.
(a) In General.--
(1) Notification, submission, and enactment.--Any agreement
entered into under section 4(b) shall enter into force with
respect to the United States if (and only if)--
(A) the President, at least 120 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) the President, at least 90 calendar days before
the day on which the President enters into the trade
agreement, certifies to the Congress the trade
agreement substantially achieves the principal
negotiating objectives set forth in section 2 and those
developed under section 5(b)(1);
(C) 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;
(D) after entering into the agreement, the
President submits to the Congress 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
(E) the implementing bill is enacted into law.
(2) Supporting information.--The supporting information
required under paragraph (1)(D)(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
substantially achieves the applicable purposes,
policies, and objectives of this Act; and
(ii) setting forth the reasons of the
President regarding--
(I) how and to what extent the
agreement substantially achieves the
applicable purposes, policies, and
objectives referred to in clause (i),
and why and to what extent the
agreement does not achieve other
applicable purposes, policies, and
objectives;
(II) how the agreement serves the
interests of United States commerce;
and
(III) why the implementing bill and
proposed administrative action is
required or appropriate to carry out
the agreement;
(iii) describing the efforts made by the
President to obtain international exchange rate
equilibrium and any effect the agreement may
have regarding increased international monetary
stability; and
(iv) describing the extent, if any, to
which--
(I) each foreign country that is a
party to the agreement maintains non-
commercial state trading enterprises
that may adversely affect, nullify, or
impair the benefits to the United
States under the agreement; and
(II) the agreement applies to or
affects purchases and sales by such
enterprises.
(3) Reciprocal benefits.--In order to ensure that a foreign
country that is not a party to a trade agreement entered into
under section 4(b) 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.
(b) Limitations on Fast Track Procedures; Concurrence by
Congressional Trade Advisers in President's Certification.--
(1) Concurrence by congressional trade advisers.--The fast
track procedures shall not apply to any implementing bill
submitted with respect to a trade agreement of which notice was
provided under subsection (a)(1)(A) unless a majority of the
congressional trade advisers, by a vote held not later than 30
days after the President submits the certification to Congress
under subsection (a)(1)(B) with respect to the trade agreement,
concur in the President's certification. The failure of the
congressional trade advisers to hold a vote within that 30-day
period shall be considered to be concurrence in the President's
certification.
(2) Computation of time period.--The 30-day period referred
to in paragraph (1) shall be computed without regard to--
(A) the days on which either House of Congress is
not in session because of an adjournment of more than 3
days to a day certain or an adjournment of the Congress
sine die; and
(B) any Saturday and Sunday, not excluded under
subparagraph (A), when either House of Congress is not
in session.
SEC. 8. TREATMENT OF CERTAIN TRADE AGREEMENTS.
(a) Certain Agreements.--Notwithstanding section 4(b)(2), if an
agreement to which section 4(b) applies--
(1) is entered into under the auspices of the World Trade
Organization regarding the rules of origin work program
described in article 9 of the Agreement on Rules of Origin,
(2) is entered into otherwise under the auspices of the
World Trade Organization,
(3) is entered into with Chile,
(4) is entered into with Singapore, or
(5) establishes a Free Trade Area for the Americas,
and results from negotiations that were commenced before the date of
the enactment of this Act, subsection (b) shall apply.
(b) Treatment of Agreements.--In the case of any agreement to which
subsection (a) applies--
(1) the applicability of the fast track procedures to
implementing bills shall be determined without regard to the
requirements of section 5; and
(2) the President shall consult regarding the negotiations
described in subsection (a) with the committees described in
section 5(b)(1) and the congressional trade advisers as soon as
feasible after the enactment of this Act.
(c) Applicability of Environmental Assessment.--
(1) Uruguay round agreements and ftaa.--With respect to
agreements identified in paragraphs (2) and (5) of subsection
(a)--
(A) the notice required under section 6(d)(3) shall
be given not later than 30 days after the date of the
enactment of this Act; and
(B) the preliminary draft of the environmental
assessment required under section 6(d)(4) shall be
submitted to the Congress not later than 18 months
after such date of enactment.
(2) Chile and singapore.--With respect to agreements
identified in paragraphs (3) and (4) of subsection (a), the
Trade Representative shall consult with the Committee on Ways
and Means of the House of Representatives and the Committee on
Finance of the Senate to determine the appropriate time frame for
submission to the Congress of an environmental assessment meeting the
requirements of section 6(d)(2).
(3) Rules of origin.--The requirements of section 6(d)(1)
shall not apply to an agreement identified in subsection
(a)(1).
(d) Applicability of Labor Review.--
(1) Uruguay round agreements and ftaa.--With respect to
agreements identified in paragraphs (2) and (5) of subsection
(a)--
(A) the notice required under section 6(e)(3) shall
be given not later than 30 days after the date of the
enactment of this Act; and
(B) the preliminary draft of the labor review
required under section 6(e)(4) shall be submitted to
the Congress not later than 18 months after such date
of enactment.
(2) Chile and singapore.--With respect to agreements
identified in paragraphs (3) and (4) of subsection (a), the
Trade Representative shall consult with the Committee on Ways
and Means of the House of Representatives and the Committee on
Finance of the Senate to determine the appropriate time frame
for submission to the Congress of an environmental assessment
meeting the requirements of section 6(e)(2).
(3) Rules of origin.--The requirements of section 6(e)(1)
shall not apply to an agreement identified in subsection
(a)(1).
SEC. 9. ADDITIONAL REPORT AND STUDIES.
(a) Report on Trade-Restrictive Practices.--Not later than 1 year
after the date of the enactment of this Act, the President shall
transmit to the Congress a report on trade-restrictive practices of
foreign countries that are promoted, enabled, or facilitated by
governmental or private entities in those countries, or that involve
the delegation of regulatory powers to private entities.
(b) Annual Study on Fluctuations in Exchange Rate.--The Trade
Representative shall prepare and submit to the Congress, not later than
____ of each year, a study of how fluctuations in the exchange rate
caused by the monetary policies of the trading partners of the United
States affect trade.
SEC. 10. ADDITIONAL IMPLEMENTATION AND ENFORCEMENT REQUIREMENTS.
(a) In General.--At the time the President submits to the Congress
the final text of an agreement pursuant to section 7(a)(1)(C), the
President shall also submit a plan for implementing and enforcing the
agreement. The implementation and enforcement plan shall include the
following:
(1) Border personnel requirements.--A description of
additional personnel required at border entry points, including
a list of additional customs and agricultural inspectors.
(2) Agency staffing requirements.--A description of
additional personnel required by Federal agencies responsible
for monitoring, implementing, and enforcing 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 evaluate sanitary and phytosanitary measures in
order to obtain market access for United States exports), the
Department of the Treasury, the Environmental Protection
Agency, the Department of the Interior, the Department of
Labor, and such other departments and 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)
in the first budget that the President submits to the Congress after
the submission of the plan.
SEC. 11. TECHNICAL AND CONFORMING AMENDMENTS.
(a) In General.--Title I of the Trade Act of 1974 (19 U.S.C. 2111
et seq.) is amended as follows:
(1) Implementing bill.--
(A) Section 151(b)(1) (19 U.S.C. 2191(b)(1)) is
amended by striking ``section 1103(a)(1) of the Omnibus
Trade and Competitiveness Act of 1988, or section 282
of the Uruguay Round Agreements Act'' and inserting
``section 282 of the Uruguay Round Agreements Act, or
section 7(a)(1) of the Comprehensive Trade Negotiating
Authority Act of 2001''.
(B) Section 151(c)(1) (19 U.S.C. 2191(c)(1)) is
amended by striking ``or section 282 of the Uruguay
Round Agreements Act'' and inserting ``, section 282 of
the Uruguay Round Agreements Act, or section 7(a)(1) of
the Comprehensive Trade Negotiating Authority Act of
2001''.
(2) Advice from international trade commission.--Section
131 (19 U.S.C. 2151) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``section
123 of this Act or section 1102 (a) or (c) of
the Omnibus Trade and Competitiveness Act of
1988,'' and inserting ``section 123 of this Act
or section 4(a) or (b) of the Comprehensive
Trade Negotiating Authority Act of 2001,''; and
(ii) in paragraph (2), by striking
``section 1102 (b) or (c) of the Omnibus Trade
and Competitiveness Act of 1988'' and inserting
``section 4(b) of the Comprehensive Trade
Negotiating Authority Act of 2001'';
(B) in subsection (b), by striking ``section
1102(a)(3)(A)'' and inserting ``section 4(a)(3)(A) of
the Comprehensive Trade Negotiating Authority Act of 2001'' before the
end period; and
(C) in subsection (c), by striking ``section 1102
of the Omnibus Trade and Competitiveness Act of 1988,''
and inserting ``section 4 of the Comprehensive Trade
Negotiating Authority Act of 2001,''.
(3) Hearings and advice.--Sections 132, 133(a), and 134(a)
(19 U.S.C. 2152, 2153(a), and 2154(a)) are each amended by
striking ``section 1102 of the Omnibus Trade and
Competitiveness Act of 1988,'' each place it appears and
inserting ``section 4 of the Comprehensive Trade Negotiating
Authority Act of 2001,''.
(4) Prerequisites for offers.--Section 134(b) (19 U.S.C.
2154(b)) is amended by striking ``section 1102 of the Omnibus
Trade and Competitiveness Act of 1988'' and inserting ``section
4 of the Comprehensive Trade Negotiating Authority Act of
2001''.
(5) Advice from private and public sectors.--Section 135
(19 U.S.C. 2155) is amended--
(A) in subsection (a)(1)(A), by striking ``section
1102 of the Omnibus Trade and Competitiveness Act of
1988'' and inserting ``section 4 of the Comprehensive
Trade Negotiating Authority Act of 2001'';
(B) in subsection (e)(1)--
(i) by striking ``section 1102 of the
Omnibus Trade and Competitiveness Act of 1988''
each place it appears and inserting ``section 4
of the Comprehensive Trade Negotiating
Authority Act of 2001''; and
(ii) by striking ``section 1103(a)(1)(A) of
such Act of 1988'' and inserting ``section
7(a)(1)(A) of the Comprehensive Trade
Negotiating Authority Act of 2001''; and
(C) in subsection (e)(2), by striking ``section
1101 of the Omnibus Trade and Competitiveness Act of
1988'' and inserting ``section 2 of the Comprehensive
Trade Negotiating Authority Act of 2001''.
(6) Transmission of agreements to congress.--Section 162(a)
(19 U.S.C. 2212(a)) is amended by striking ``or under section
1102 of the Omnibus Trade and Competitiveness Act of 1988'' and
inserting ``or under section 4 of the Comprehensive Trade
Negotiating Authority Act of 2001''.
(b) Application of Certain Provisions.--For purposes of applying
sections 125, 126, and 127 of the Trade Act of 1974 (19 U.S.C. 2135,
2136(a), and 2137)--
(1) any trade agreement entered into under section 4 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 4 shall be treated
as a proclamation or Executive order issued pursuant to a trade
agreement entered into under section 102 of the Trade Act of
1974.
SEC. 12. DEFINITIONS.
In this Act:
(1) Agreements.--Any reference to any of the following
agreements is a reference to that same agreement referred to in
section 101(d) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)):
(A) The Agreement on Agriculture.
(B) The Agreement on the Application of Sanitary
and Phytosanitary Measures.
(C) The Agreement on Technical Barriers to Trade.
(D) The Agreement on Trade-Related Investment
Measures.
(E) The Agreement on Implementation of Article VI
of the General Agreement on Tariffs and Trade 1994.
(F) The Agreement on Rules of Origin.
(G) The Agreement on Subsidies and Countervailing
Measures.
(H) The Agreement on Safeguards.
(I) The General Agreement on Trade in Services.
(J) The Agreement on Trade-Related Aspects of
Intellectual Property Rights.
(K) The Agreement on Government Procurement.
(2) Antidumping agreement.--The term ``Antidumping
Agreement'' means the Agreement on Implementation of Article VI
of the General Agreement on Tariffs and Trade 1994.
(3) Appellate body; dispute settlement body; dispute
settlement panel; dispute settlement understanding.--The terms
``Appellate Body'', ``Dispute Settlement Body'', ``dispute
settlement panel'', and ``Dispute Settlement Understanding''
have the meanings given those terms in section 121 of the
Uruguay Round Agreements Act (35 U.S.C. 3531).
(4) Business confidential.--Information or evidence is
``business confidential'' if disclosure of the information or
evidence is likely to cause substantial harm to the competitive
position of the entity from which the information or evidence
would be obtained.
(5) Congressional trade advisers.--The term ``congressional
trade advisers means the congressional advisers for trade
policy and negotiations designated under section 161(a)(1) of
the Trade Act of 1974 (19 U.S.C. 2211(a)(1)).
(6) FTAA.--The term ``FTAA'' means the Free Trade Area of
the Americas or comparable agreement reached between the United
States and the countries in the Western Hemisphere.
(7) FTAA agreement.--The term ``FTAA agreements'' means any
agreements entered into to establish or carry out the FTAA.
(8) FTAA member; ftaa member country.--The terms ``FTAA
member'' and ``FTAA member country'' mean a country that is a
member of the FTAA.
(9) GATT 1994.--The term ``GATT 1994'' has the meaning
given that term in section 2 of the Uruguay Round Agreements
Act (19 U.S.C. 3501).
(10) ILO.--The term ``ILO'' means the International Labor
Organization.
(11) Implementing bill.--The term ``implementing bill'' has
the meaning given that term in section 151(b)(1) of the Trade
Act of 1974 (19 U.S.C. 2191(b)(1)).
(12) NAFTA.--The term ``NAFTA'' means the North American
Free Trade Agreement.
(13) Trade representative.--The term ``Trade
Representative'' means the United States Trade Representative.
(14) 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.
(15) Uruguay round agreements.--The term ``Uruguay Round
Agreements'' has the meaning given that term in section 2(7) of
the Uruguay Round Agreements Act (19 U.S.C. 3501(7)).
(16) WTO.--The term ``WTO'' means the organization
established pursuant to the WTO Agreement.
(17) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing the World Trade Organization entered
into on April 15, 1994.
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