[Congressional Record Volume 143, Number 157 (Sunday, November 9, 1997)]
[Senate]
[Page S12315]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               THE RECIPROCAL TRADE AGREEMENT ACT OF 1997

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                  FEINSTEIN AMENDMENTS NOS. 1619-1620

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN submitted two amendments intended to be proposed by 
her to the bill (S. 1269) to establish objectives for negotiating and 
procedures for implementing certain trade agreements; as follows:

                           Amendment No. 1619

       On page 26, beginning on line 7, strike all through line 
     13, and insert the following:
       ``(B) if changes in existing laws or new statutory 
     authority is required to implement such trade agreement or 
     agreements, provisions, necessary or appropriate to implement 
     such trade agreement or agreements, either repealing or 
     amending existing laws or providing new statutory authority; 
     and''.
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                           Amendment No. 1620

       On page 8, beginning on line 6, strike all through page 10, 
     line 2, and insert the following:
       (5) Reciprocal trade in agriculture.--The principal trade 
     negotiating objective of the United States with respect to 
     agriculture is to obtain competitive opportunities for United 
     States exports in foreign markets substantially equivalent to 
     the competitive opportunities afforded foreign exports in 
     United States markets and to achieve fairer and more open 
     conditions of trade in bulk and value-added commodities by--
       (A) reducing or eliminating, by a date certain, tariffs or 
     other charges that decrease market opportunities for United 
     States exports--
       (i) giving priority to those products that are subject to 
     significantly higher tariffs or subsidy regimes of major 
     producing countries; and
       (ii) providing reasonable adjustment periods for United 
     States import-sensitive products, in close consultation with 
     the Congress on such products before initiating tariff 
     reduction negotiations;
       (B) reducing or eliminating subsidies that decrease market 
     opportunities for United States exports or unfairly distort 
     agriculture markets to the detriment of the United States;
       (C) developing, strengthening, and clarifying rules and 
     effective dispute settlement mechanisms to eliminate 
     practices that unfairly decrease United States market access 
     opportunities or distort agricultural markets to the 
     detriment of the United States, particularly with respect to 
     import-sensitive products, including--
       (i) unfair or trade-distorting activities of state trading 
     enterprises and other administrative mechanisms, with 
     emphasis on requiring price transparency in the operation of 
     state trading enterprises and such other mechanisms;
       (ii) unjustified trade restrictions or commercial 
     requirements affecting new technologies, including 
     biotechnology;
       (iii) unjustified sanitary or phytosanitary restrictions, 
     including those not based on scientific principles in 
     contravention of the Uruguay Round Agreements;
       (iv) other unjustified technical barriers to trade; and
       (v) restrictive rules in the administration of tariff rate 
     quotas;
       (D) improving import relief mechanisms to recognize the 
     unique characteristics of perishable agriculture;
       (E) 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;
       (F) 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; and
       (G) otherwise ensuring that countries that accede to the 
     World Trade Organization have made meaningful market 
     liberalization commitments in agriculture.
       On page 34, between lines 5 and 6, insert the following:
       (e) Negotiations Regarding Agriculture.--Before initiating 
     negotiations the subject matter of which is directly related 
     to the subject matter under section 2(b)(5)(A) with any 
     country, the President shall assess whether United States 
     tariffs on agriculture products that were bound under the 
     Uruguay Round Agreements are lower than the tariffs bound by 
     that country. 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 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.

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