[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2062 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2062

  To provide fast-track trade negotiating authority to the President.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 21, 2002

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

_______________________________________________________________________

                                 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 2002''.
    (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 in 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.
            (4) Limitations on fast track procedures.--Notwithstanding 
        any other provision of law, the provisions of section 151 of 
        the Trade Act of 1974 (fast track procedures) shall not apply 
        to any provision in an implementing bill that modifies or 
        amends, or requires a modification of, or an amendment to, any 
        law of the United States relating to title VII of the Tariff 
        Act of 1930, title II of the Trade Act of 1974, or any law that 
        provides safeguards from unfair foreign trade practices to 
        United States businesses or workers.
    (c) Extension Disapproval Process for Congressional Fast Track 
Procedures.--
            (1) In general.--Except as provided in subsection (b)(4) 
        and 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 2002, 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 2002 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 2002 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 2002 
        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 2002''.
                    (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 
                2002''.
            (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 2002,''; 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 2002'';
                    (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 2002'' 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 2002,''.
            (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 2002,''.
            (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 
        2002''.
            (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 2002'';
                    (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 2002''; 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 2002''; 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 2002''.
            (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 2002''.
    (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.
                                 <all>