[Congressional Record Volume 143, Number 153 (Wednesday, November 5, 1997)]
[Senate]
[Pages S11780-S11782]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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               THE RECIPROCAL TRADE AGREEMENT ACT OF 1997

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                       GRAHAM AMENDMENT NO. 1571

  (Order to lie on table.)
  Mr. GRAHAM submitted an amendment intended to be proposed by him to 
the bill (S. 1269) to establish objectives for negotiating and 
procedures for implementing certain trade agreements; as follows:

       On page 41, between lines 16 and 17, insert the following 
     new section and redesignate the remaining sections and cross 
     references thereto accordingly:

     SEC. 6. ADDITIONAL IMPLEMENTATION AND ENFORCEMENT 
                   REQUIREMENTS.

       At the time the President submits the final text of the 
     agreement pursuant to section 5(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 and implementing the trade agreement, 
     including personnel required by the Office of the United 
     States Trade Representative, the Department of Commerce, the 
     Department of Agriculture, and the Department of the 
     Treasury.
       (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).
                                 ______
                                 

                     BYRD AMENDMENTS NOS. 1572-1573

  (Ordered to lie on the table.)
  Mr. BYRD submitted two amendments intended to be proposed by him to 
the bill, S. 1269, supra; as follows:

                           Amendment No. 1572

       Beginning on page 27, strike out line 1 and all that 
     follows through page 31, line 3, and insert in lieu thereof 
     the following:
       (B) subsections (a) and (b) shall apply with respect to 
     agreements entered into on or after October 1, 2001, and 
     before October 1, 2005, if (and only if)--
       (i) the President requests, under paragraph (2), an 
     extension of the authority provided in such subsections; and
       (ii) a law extending that authority is enacted before 
     October 1, 2001.
       (2) Report to congress by the president.--If the President 
     is of the opinion that the authority under subsections (a) 
     and (b) should be extended, the President shall submit to 
     Congress, not later than July 1, 2001, a written report that 
     contains a request for such extension, together with--
       (A) a description of all trade agreements that have been 
     negotiated under subsections (a) and (b) and, where 
     applicable, the anticipated schedule for submitting such 
     agreements to Congress for approval;
       (B) a description of the progress that has been made in 
     negotiations to achieve the purposes, policies, and 
     objectives set out in section 2 (a) and (b) 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 Congress under paragraph (2). 
     The Advisory Committee shall submit to Congress as soon as 
     practicable, but not later than August 1, 2001, 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) Reports may be classified.--The reports submitted to 
     Congress under paragraphs (2) and (3), or any portion of the 
     reports, may be classified to the extent the President 
     determines appropriate.
                                                                    ____


                           Amendment No. 1573

       At the end of the bill, add the following:

     SEC. 11. ESTABLISHMENT OF ADVISORY COUNCIL.

       (a) Establishment.--There is established a council to be 
     known as the WTO Advisory Council (hereafter in this section 
     referred to as the ``Council'').
       (b) Membership.--
       (1) Composition.--The Council shall be composed of 10 
     members of whom--
       (A) 1 shall be appointed by the Speaker of the House of 
     Representatives,
       (B) 1 each shall be appointed by the Majority and Minority 
     leaders of the House of Representatives,
       (C) 1 each shall be appointed by the Majority and Minority 
     Leaders of the Senate, and
       (D) 5 shall be appointed by the President of the United 
     States from the membership of the President's Advisory 
     Committee for Trade and Policy Negotiations.
       Members appointed pursuant to the paragraph (1)(D) shall 
     serve for the term specified in paragraph (3)(A) or until 
     their membership on the President's Advisory Committee for 
     Trade and Policy Negotiations expires, whichever occurs 
     first.
       (2) Persons from whom appointments made.--Appointments 
     under paragraph (1) shall be made from the following 
     categories:
       (A) Attorneys in the practice of international law.
       (B) Academic experts in the field of international trade 
     and economy.
       (C) Representatives of United States labor interests.
       (D) Representatives of United States industrial interests.
       At least one of the Presidential appointments under 
     paragraph (1)(D) shall be a Representative of United States 
     labor interests and at least one shall be a representative of 
     United States industrial interests.
       (3) Terms.--
       (A) In general.--The members described in paragraph (1) 
     shall each be appointed for a term of 2 years, and may be 
     reappointed for any number of terms.
       (B) Initial appointments.--The initial appointments of the 
     members of the Council under paragraph (1) shall be made no 
     later than 90 days after the date of the enactment of this 
     Act.
       (4) Vacancies.--
       (A) In general.--Any vacancy on the Council shall not 
     affect its powers, but shall be filled in the same manner as 
     the original appointment and shall be subject to the same 
     conditions as the original appointment.
       (B) Unexpired term.--An individual chosen to fill a vacancy 
     shall be appointed for the unexpired term of the member 
     replaced.
       (5) Initial meeting.--No later than 30 days after the date 
     on which all members described in paragraph (1) have been 
     appointed, the Council shall hold its first meeting.
       (6) Meetings.--The Council shall meet at the call of the 
     Chairperson.
       (7) Quorum.--A majority of the members described in 
     paragraph (1) shall constitute a quorum, but a lesser number 
     of members may hold hearings.
       (8) Chair and vice-chair.--The Chairperson and Vice 
     Chairperson shall be appointed by the members of the Council 
     from among its members.
       (c) Duties.--The Council shall review each report of WTO 
     dispute settlement panels and Appellate Body, that is adopted 
     by the Dispute Settlement Body and in which the United States 
     is a party to the dispute, to determine the short term and 
     long term effect of any actions that are taken in response to 
     such reports, on the United States economy and on particular 
     industries. Within 120 days after all actions have been taken 
     by the parties, the Council shall provide an assessment of, 
     and recommendations regarding, each report to the Speaker of 
     the House of Representatives, the Majority and Minority 
     Leaders of the Senate and the House of Representatives, the 
     Committee on Finance of the Senate, the Committee on Ways and 
     Means of the House of Representatives, and the President. An 
     assessment may contain minority views. The Council may, in 
     making its assessment, take into account the history of 
     previous, relevant reports of dispute settlement panels and 
     the Appellate Body. In the event the case load of assessments 
     strains the resources of the Council, priority shall be given 
     to reports which are adverse to the United States.
       (d) Review by Advisory Committees.--For each report that is 
     reviewed, the Chairman of the Council shall ensure that the 
     relevant industry sector advisory committees and industry 
     policy advisory committees, established pursuant to section 
     135 of the Trade

[[Page S11781]]

     Act of 1974, provide their analysis and assessment in a 
     manner timely for the assessment by the Council. Subsections 
     (e), (f), and (g) of section 135 of the Trade Act of 1974 (19 
     U.S.C. 2155) shall apply to the operation of the advisory 
     committees under this section.
       (e) Personnel Matters.--
       (1) Expense reimbursement.--There are hereby authorized to 
     be appropriated such sums as may be necessary to defray or 
     reimburse any expenses incurred by the members of the Council 
     in carrying out their official duties.
       (2) Meeting rooms.--The Council may meet in Senate offices 
     and meeting rooms.
                                 ______
                                 

                   HOLLINGS AMENDMENTS NOS. 1574-1587

  (Ordered to lie on the table.)
  Mr. HOLLINGS submitted 14 amendments intended to be proposed by him 
to the bill, S. 1269, supra; as follows:

                           Amendment No. 1574

       On page 25, strike lines 17 through 25 and insert the 
     following:
       (3) Foreign trade agreement with chile.--The provisions of 
     section 151 of the Trade Act of 1974 (in this Act referred to 
     as ``trade agreement approval procedures contained within 
     this Act'') apply only to an implementing bill submitted with 
     respect to a trade agreement entered into with Chile, but do 
     not apply to any portion of that agreement that affects the 
     duty on imports of wine the product of Chile. For the purpose 
     of applying section 151(b)(1) to that agreement, the 
     implementing bill may contain only--
                                                                    ____


                           Amendment No. 1575

       On page 42, between lines 14 and 15, insert the following:
       (c) Trade Agreement Approval Procedures Not To Apply.--The 
     trade agreement approval procedures contained within this Act 
     do not apply to any trade agreement that includes any change 
     in the application of subtitle B of title VII of the Trade 
     Act of 1930 (19 U.S.C. 1673 et seq.).
                                                                    ____


                           Amendment No. 1576

       On page 42, between lines 14 and 15, insert the following:
       (c) Multilateral Agreement on Foreign Investment.--The 
     trade agreement approval procedures do not apply to the 
     international agreement commonly known as the Multilateral 
     Agreement on Foreign Investment.
                                                                    ____


                           Amendment No. 1577

       On page 42, between lines 14 and 15, insert the following:
       (c) Trade Agreement Approval Procedures Not To Apply.--The 
     trade agreement approval procedures contained within this Act 
     do not apply to any trade agreement that has any affect or 
     impact on the safety of food sold for consumption in the 
     United States.
                                                                    ____


                           Amendment No. 1578

       On page 42, between lines 14 and 15, insert the following:

     ``SEC. 7. TARIFF SNAPBACK.

       ``Whenever the United States dollar value of the currency 
     of a country the products of which may be imported into the 
     United States at a reduced rate of duty under an agreement 
     authorized by this Act between the United States and that 
     country falls by 10 percent from the value of the currency on 
     the date of the agreement (as reported by the Dow Jones 
     Markets as of 4 p.m. in New York City), any duty imposed on 
     imports of products of that country is increased to the level 
     at which it was imposed before reduction under the agreement 
     for products entered or''.
                                                                    ____


                           Amendment No. 1579

       On page 42, between lines 14 and 15, insert the following:
       (c) Trade Agreement Approval Procedures Not To Apply.--The 
     trade agreement approval procedures do not apply to any trade 
     agreement that includes any change in the application of 
     subtitle A of title VII of the Trade Act of 1930 (19 U.S.C. 
     1671 et seq.).
                                                                    ____


                           Amendment No. 1580

       On page 42, between lines 14 and 15, insert the following:
       (c) Trade Agreement Approval Procedures Not To Apply.--The 
     trade agreement approval procedures contained within this Act 
     do not apply to any trade agreement covering a product which 
     has an import penetration in the United States of more than 
     10 percent, as determined annually by the International Trade 
     Commission in its most recent determination published before 
     the submission of the trade agreement to the Congress.
                                                                    ____


                           Amendment No. 1581

       On page 42, between lines 14 and 15, insert the following:

     SEC. 7. DISPUTE RESOLUTION PROCEDURES MUST BE PUBLIC.

       The trade agreement approval procedures contained within 
     this Act do not apply to any trade agreement unless the 
     dispute resolution procedures applicable to any dispute 
     arising under the agreement are open to the public.
                                                                    ____


                           Amendment No. 1582

       On page 32, beginning on line 10, strike through line 20 
     and insert the following:
       (1) Consultation.--Before entering into any trade agreement 
     under section 3 (a) or (b), the President shall consult each 
     committee of the House and the Senate, and each joint 
     committee of the Congress, which has jurisdiction over 
     legislation involving subject matters that would be affected 
     by the trade agreement.
                                                                    ____


                           Amendment No. 1583

       On page 37, line 16, beginning with ``if'' strike through 
     line 16 on page 39 and insert the following: ``unless the 
     Congress by fast-track approval resolution approves the 
     application of the trade authorities procedures to that bill.
       (2) Fast-track approval resolution.--For purposes of this 
     section, the term ``fast-track approval resolution'' means a 
     concurrent resolution of either House of Congress, the sole 
     matter after the resolving clause of which is as follows: 
     ``That the Congress approves the application of section 151 
     of the Trade Act of 1974 to the implementing bill submitted 
     to the Congress under section 3(b)(3) of the Reciprocal Trade 
     Agreements Act of 1997 on __________.'', with the blank being 
     filled with the date on which the implementing bill was 
     received by the Congress.
                                                                    ____


                           Amendment No. 1584

       On page 31, beginning with line 20 strike line 2 on page 32 
     and insert the following:
       (2) before and after submission of the notice described in 
     paragraph (1), consult regarding the negotiations with--
       (A) the committees of the Senate and the House of 
     Representatives with jurisdiction over legislation involving 
     subject matters that would be affected by a trade agreement; 
     and
       (B) the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives.
                                                                    ____


                           Amendment No. 1585

       On page 37, beginning with line 12, strike through line 23 
     and insert the following:
       (1) Disapproval of the negotiation.--The trade agreement 
     authorities procedures shall not apply to any implementing 
     bill that contains a provision approving any trade agreement 
     that is entered into under section 3(b) with any foreign 
     country if--
       (A) any committee of the Senate and the House of 
     Representatives with jurisdiction over legislation involving 
     subject matters that would be affected by a trade agreement; 
     or
       (B) the Committee on Finance of the Senate or the Committee 
     on Ways and Means of the House of Representatives,

     disapproves of the negotiation of the agreement before the 
     close of the 90-calendar day period that begins on the date 
     notice is provided under section 4(a)(1) with respect to the 
     negotiation of the agreement.
                                                                    ____


                           Amendment No. 1586

       On page 42, between lines 14 and 15, insert the following:

     SEC. 7. FIXED-RATE CURRENCY AGREEMENT.

       The President should negotiate a fixed-rate currency 
     agreement between the United States and other Nations.
                                                                    ____


                           Amendment No. 1587

       On page 42, between lines 14 and 15, insert the following:

     SEC. 7. TRADE AGREEMENT MUST PROVIDE FORCED LABOR SANCTIONS.

       The trade agreement approval procedures contained within 
     this Act do not apply to any trade agreement unless the 
     agreement provides for sanctions against countries the 
     products of which that are covered by the agreement are 
     produced by forced labor.
                                 ______
                                 

                        BYRD AMENDMENT NO. 1588

  (Ordered to lie on the table.)
  Mr. BYRD submitted an amendment intended to be proposed by him to the 
bill, S. 1269, supra; as follows:

       Beginning on page 33, strike out line 9 and all that 
     follows through page 34, line 24, and insert in lieu thereof 
     the following:

     ``agreement approval procedures;
       ``(D) any other agreement the President has entered into or 
     intends to enter into with the country or countries in 
     question; and
       ``(E) the economic costs and benefits of the agreement to 
     the United States in order to ensure that the purposes of 
     section 2(a)(4) are met.
       ``(c) 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 3(b) of this 
     Act shall be provided to the President, Congress, and the 
     United States Trade Representative not later than 30 calendar 
     days after the date on which the President notifies Congress 
     under section 5(a)(1)(A) of the President's intention to 
     enter into the agreement.
       ``(d) Consultation Before Agreement Initialed.--In the 
     course of negotiations conducted under this Act, the United 
     States Trade Representative shall consult closely and on a 
     timely basis (including immediately before initialing an 
     agreement) with, and keep fully apprised of the negotiations, 
     the congressional advisers for trade policy and negotiations 
     appointed under section 161

[[Page S11782]]

     of the Trade Act of 1974 (19 U.S.C. 2211), the Committee on 
     Finance of the Senate, and the Committee on Ways and Means of 
     the House of Representatives.

     ``SEC. 5. IMPLEMENTATION OF TRADE AGREEMENTS.

       ``(a) In General.--
       ``(1) Notification and submission.--Any agreement entered 
     into under section 3(b) shall enter into force with respect 
     to the United States if (and only if)--
       ``(A) the President, at least 90 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) within 60 calendar days after entering into the 
     agreement, the President submits to 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, and an analysis of the 
     economic costs and benefits of the agreement to the United 
     States;''.

                          ____________________