[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                        URUGUAY ROUND AGREEMENT

  Mr. LEVIN. Madam President, I ask unanimous consent to include in the 
Congressional Record a memo to me from Ambassador Rufus Yerxa which I 
received on Wednesday, October 5. This memo specifies those provisions 
in the implementing legislation of the Uruguay round that are required 
to implement the Uruguay round agreement.
  The other section of the implementing legislation, the sections of 
the implementing legislation that he indicated were not strictly 
required by GATT, are:
  Section 102. Relationship of the agreements to United States law and 
State law.
  Section 115. Consultation and layover requirements for, and effective 
date of, proclaimed actions.
  Section 116. Effective date.
  Section 124. Annual report on the WTO.
  Section 125. Review of participation in the WTO.
  Section 126. Increased transparency.
  Section 127. Access to the WTO dispute settlement process.
  Section 128. Advisory committee participation.
  Section 129. Administrative action following WTO panel reports.
  Section 130. Effective Date.
  Section 131. Working party on worker rights.
  Section 133. Africa trade and development policy.
  Section 135. Objectives for extended negotiations.
  Section 218. Special rules for regional industries.
  Section 226. Proprietary and nonproprietary information.
  Section 227. Opportunity for comment by consumers and industrial 
users.
  Section 228. Public notice and explanation of determinations.
  Section 230. Anticircumvention.
  Section 231. Evidence.
  Section 234. Application to Canada and Mexico.
  Section 281. Subsidies enforcement.
  Section 282. Review of subsidies agreement.
  Section 283. Amendments to title VII of the Tariff Act of 1930.
  Section 291. Effective date.
  All of title III, subtitle B--Foreign trade barriers and unfair trade 
practices: Sections 311.-316.
  Section 332. Amendment to section 204 of the Agricultural Act of 
1956.
  Section 333. Textile transshipments.
  Section 334. Rules of origin for textile and apparel productions.
  Section 335. Effective date.
  Section 411. Export programs.
  Section 412. Other conforming amendments.
  Section 424. Report to Congress on Access to Canadian dairy and 
poultry markets.
  Section 425. Study of milk marketing order system.
  Section 426. Additional program funding.
  Section 512. Civil penalties for unauthorized fixation of and 
trafficking in sound recording and music videos of live music 
performances.
  Section 513. Criminal penalties for unauthorized fixation of and 
trafficking in sound recordings and music videos or live musical 
performances.
  Section 521. Definition of ``abandoned.''
  All of title V, subtitle C--Patent provisions.
  All of title VI--Related provisions.
  All of title VII--Revenue provisions.
  All of title VIII--Pioneer preferences.
  As we study the implementing legislation of the Uruguay round 
agreement, I hope this information will be helpful to the Senate.
  I ask unanimous consent that Mr. Yerxa's letter be printed in the 
Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:
     To: Senator Levin.
     From: Rufus Yerxa, Deputy USTR.
       Senator, I am enclosing a highlighted table of contents of 
     the bill which distinguishes as much as possible between 
     those provisions strictly required by the Uruguay Round and 
     those amendments deemed to be ``appropriate'' . But you 
     should be aware of a number of factors that render this 
     comparison somewhat aribtrary:
       1. A number of sections of the implementing, particularly 
     in the antidumping title, contain language which is partially 
     ``necessary'' and partially ``appropriate''. That is because 
     where the agreement required a change we wanted to ensure 
     that the change occurred in a manner that continued to make 
     our law effective. Thus we made other changes not 
     ``required'' by the agreement but permitted under its terms 
     to preserve the effectiveness of our laws. Therefore, many 
     sections of the bill are a mixture of ``necessary'' and 
     ``appropriate''.
       2. Many other sections of the bill were not required by the 
     agreements but were demanded by our Congressional oversight 
     committees to ensure that U.S. rights were enforced and to 
     ensure the proper relationship of U.S. law to the agreement. 
     These included:
       A. Section 102 (Relationship of U.S. law and State law to 
     the agreement).
       B. Consultation provisions.
       C. Provisions relating to review of the WTO.
       D. Provisions ensuring access and transparency in WTO 
     dispute settlement.
       E. Section 131 (calling for a WTO Working Party on Labor 
     Standards).
       F. Trade negotiating objectives for future WTO 
     negotiations.
       G. Numerous Antidumping Amendments such as captive 
     production, anticircumvention and duty absorption.
       H. The entire subtitle providing for enforcement of U.S. 
     rights under the subsidies agreement.
       I. All of our amendments to Super 301, Special 301 and 
     regular 301 to ensure continued use of these laws.
       J. Provisions prohibiting textiles transshipments and 
     tightening rules of origin to prevent circumvention of 
     quotas.
       K. Numerous intellectual property amendments supported by 
     the Judiciary Committee.
       All of these sections were added during Committee 
     considerations of the bill, at the behest of Committee 
     members, and are designed to strengthen U.S. law in enforcing 
     the new agreement.
       Finally, Title VII, relating to revenues, is not 
     ``required'' under the agreement. But it is ``necessary'' in 
     the sense that it offsets the budget costs of the tariff 
     revenue losses. These amendments are required to meet the 
     paygo rules of the 1990 Budget Agreement, and without them 
     CBO would score the bill a losing $12 billion over the first 
     five years. They do not contain trade provisions.

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