[Congressional Record Volume 144, Number 93 (Tuesday, July 14, 1998)]
[Senate]
[Pages S8144-S8149]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S8144]]
   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 1999

                                 ______
                                 

                    BAUCUS AMENDMENTS NOS. 3149-3150

  (Ordered to lie on the table.)
  Mr. BAUCUS submitted two amendments intended to be proposed by him to 
the bill, S. 2159, supra; as follows:

                           Amendment No. 3149

       On page 14, line 17, after the semicolon insert ``$550,000 
     for research at Montana State University into an effective 
     delivery system for a genetically engineered vaccine for 
     brucellosis;''
                                  ____


                           Amendment No. 3150

       At the appropriate place, insert the following:

                     Agricultural Research Service

       For research efforts of the Agricultural Research Service 
     of the Department of Agriculture for counter-narcotics 
     research activities, $13,000,000, of which--
       (1) $5,000,000 shall be used for chemical and biological 
     crop eradication technologies;
       (2) $2,000,000 shall be used for narcotics plant 
     identification, chemistry, and biotechnology;
       (3) $1,000,000 shall be used for worldwide crop 
     identification, detection, tagging, and production estimation 
     technology; and
       (4) $5,000,000 shall be used for improving the disease 
     resistance, yield, and economic competitiveness of commercial 
     crops that can be promoted as alternatives to the production 
     of narcotics plants.
       For a contract with a commercial entity for the product 
     development, environmental testing, registration, production, 
     aerial distribution system development, product effectiveness 
     monitoring, and modification of multiple mycoherbicides to 
     control narcotic crops (including coca, poppy, and cannabis), 
     $10,000,000, except that the entity shall--
       (1) to be eligible to enter into the contract, have--
       (A) long-term international experience with diseases of 
     narcotic crops.
       (B) intellectual property involving seed-borne dispersal 
     formulations;
       (C) the availability of state-of-the-art containment or 
     quarantine facilities;
       (D) country-specific mycoherbicide formulations;
       (E) specialized fungicide resistant formulations; and
       (F) special security arrangements; and
       (2) report to a member of the Senior Executive Service in 
     the Department of Agriculture.
       At the appropriate place, insert the following:

     SEC. ____. MASTER PLAN FOR MYCOHERBICIDES TO CONTROL NARCOTIC 
                   CROPS.

       (a) In General.--The Secretary of Agriculture shall develop 
     a 10-year master plan for the use of mycoherbicides to 
     control narcotic crops (including coca, poppy, and cannabis).
       (b) Coordination.--The Secretary shall develop the plan in 
     coordination with--
       (1) the Office of National Drug Control Policy (ONDCP);
       (2) the Bureau for International Narcotics and Law 
     Enforcement Activities (INL) of the Department of State;
       (3) the Drug Enforcement Administration (DEA) of the 
     Department of Justice;
       (4) the Department of Defense;
       (5) the United States Information Agency (USIA); and
       (6) other appropriate agencies.
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit a report to 
     Congress that describes the activities undertaken to carry 
     out this section.
                                 ______
                                 

                   GRASSLEY AMENDMENTS NOS. 3151-3152

  (Ordered to lie on the table.)
  Mr. GRASSLEY submitted two amendments intended to be proposed by him 
to the bill, S. 2159, supra; as follows:

                           Amendment No. 3151

       On page 67, after line 23, add the following:

     SEC. 7____. SENSE OF THE SENATE CONCERNING APPROPRIATE 
                   ACTIONS TO BE TAKEN TO ALLEVIATE THE ECONOMIC 
                   EFFECT OF LOW COMMODITY PRICES.

       It is the sense of the Senate that--
       (1) Congress should pass and the President should sign 
     S.1269, which would reauthorize fast-track trading authority 
     for the President;
       (2) Congress should pass and the President should sign 
     S.2078, the Farm and Ranch Risk Management Act, which would 
     allow farmers and ranchers to better prepare for fluctuations 
     in the agricultural economy;
       (3) the House of Representatives should follow the Senate 
     and provide full funding for the International Monetary Fund;
       (4) Congress should pass and the President should sign 
     S.1413, the Enhancement of Trade Security and Human Rights 
     Through Sanctions Reform Act, so that the agricultural 
     economy of the United States is not harmed by sanctions on 
     foreign trade;
       (5) Congress should pass and the President should sign 
     legislation providing normal trade relations status for China 
     and continue to pursue normal trade relations with China;
       (6) the House and Senate should continue to pursue a 
     package of capital gains and estate tax reforms; and
       (7) the House and Senate should pursue stronger oversight 
     on genetically modified organism and biotechnology 
     negotiations.
                                  ____


                           Amendment No. 3152

       At the appropriate place, insert the following title:

     SECTION 1. SHORT TITLE.

       This title may be cited as the ``Reciprocal Trade 
     Agreements Act of 1997''.

     SEC. 2. TRADE NEGOTIATING OBJECTIVES OF THE UNITED STATES.

       (a) Statement of Purposes.--The purposes of this Act are to 
     achieve, through trade agreements affording mutual benefits--
       (1) more open, equitable, and reciprocal market access for 
     United States goods, services, and investment;
       (2) the reduction or elimination of barriers and other 
     trade-distorting policies and practices;
       (3) a more effective system of international trading 
     disciplines and procedures; and
       (4) economic growth, higher living standards, and full 
     employment in the United States, and economic growth and 
     development among United States trading partners.
       (b) Principal Trade Negotiating Objectives.--The principal 
     trade negotiating objectives of the United States for 
     agreements subject to the provisions of section 3 include the 
     following:
       (1) Reduction of barriers to trade in goods.--The principal 
     negotiating objective of the United States regarding barriers 
     to trade in goods is to obtain competitive opportunities for 
     United States exports in foreign markets substantially 
     equivalent to the opportunities afforded foreign exports to 
     United States markets, including the reduction or elimination 
     of tariff and nontariff trade barriers, including--
       (A) 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;
       (B) measures identified in the annual report prepared under 
     section 181 of the Trade Act of 1974 (19 U.S.C. 2241); and
       (C) tariff elimination for products identified in section 
     111(b) of the Uruguay Round Agreements Act (19 U.S.C. 
     3521(b)) and the accompanying Statement of Administrative 
     Action related to that section.
       (2) Trade in services.--
       (A) The principal negotiating objectives of the United 
     States regarding trade in services are--
       (i) to reduce or eliminate barriers to, or other 
     distortions of, international trade in services, including 
     regulatory and other barriers that deny national treatment or 
     unreasonably restrict the establishment and operation of 
     service suppliers in foreign markets; and
       (ii) to develop internationally agreed rules, including 
     dispute settlement procedures, that--

       (I) are consistent with the commercial policies of the 
     United States, and
       (II) will reduce or eliminate such barriers or distortions, 
     and help ensure fair, equitable opportunities for foreign 
     markets.

       (B) In pursuing the negotiating objectives described in 
     subparagraph (A), United States negotiators shall take into 
     account legitimate United States domestic objectives, 
     including protection of legitimate health, safety, essential 
     security, environmental, consumer, and employment opportunity 
     interests. The preceding sentence shall not be construed to 
     authorize any modification of United States law.
       (3) Foreign investment.--
       (A) The principal negotiating objectives of the United 
     States regarding foreign investment are--
       (i) to reduce or eliminate artificial or trade-distorting 
     barriers to foreign investment, to expand the principle of 
     national treatment, and to reduce unreasonable barriers to 
     establishment; and
       (ii) to develop internationally agreed rules through the 
     negotiation of investment agreements, including dispute 
     settlement procedures, that--

       (I) will help ensure a free flow of foreign investment, and
       (II) will reduce or eliminate the trade distortive effects 
     of certain trade-related investment measures.

       (B) In pursuing the negotiating objectives described in 
     subparagraph (A), United States negotiators shall take into 
     account legitimate United States domestic objectives, 
     including protection of legitimate health, safety, essential 
     security, environmental, consumer, and employment opportunity 
     interests. The preceding sentence shall not be construed to 
     authorize any modification of United States law.
       (4) Intellectual property.--The principal negotiating 
     objectives of the United States regarding intellectual 
     property are--
       (A) to further promote adequate and effective protection of 
     intellectual property rights, by--
       (i) seeking the enactment and effective enforcement by 
     foreign countries of laws that--

[[Page S8145]]

       (I) recognize and adequately protect intellectual property, 
     including copyrights, patents, trademarks, semiconductor chip 
     layout designs, and trade secrets, and
       (II) provide protection against unfair competition;

       (ii) accelerating and ensuring the full implementation of 
     the Agreement on Trade-Related Aspects of Intellectual 
     Property Rights referred to in section 101(d)(15) of the 
     Uruguay Round Agreements Act (19 U.S.C. 3511(d)(15)), and 
     achieving improvements in the standards of that Agreement;
       (iii) providing strong protection for new and emerging 
     technologies and new methods of transmitting and distributing 
     products embodying intellectual property;
       (iv) preventing or eliminating discrimination with respect 
     to matters affecting the availability, acquisition, scope, 
     maintenance, use, and enforcement of intellectual property 
     rights; and
       (v) providing for strong enforcement of intellectual 
     property rights through accessible, expeditious, and 
     effective civil, administrative, and criminal enforcement 
     mechanisms;
       (B) to secure fair, equitable, and nondiscriminatory market 
     access opportunities for United States persons that rely on 
     intellectual property protection; and
       (C) to recognize that the inclusion in the WTO of--
       (i) adequate and effective substantive norms and standards 
     for the protection and enforcement of intellectual property 
     rights, and
       (ii) dispute settlement provisions and enforcement 
     procedures,
     is without prejudice to other complementary initiatives 
     undertaken in other international organizations.
       (5) Agriculture.--The principal negotiating objectives of 
     the United States with respect to agriculture are, in 
     addition to those set forth in section 1123(b) of the Food 
     Security Act of 1985 (7 U.S.C. 1736r(b)), to achieve, on an 
     expedited basis to the maximum extent feasible, more open and 
     fair conditions of trade in agricultural commodities by--
       (A) developing, strengthening, and clarifying rules for 
     agricultural trade, including disciplines on restrictive or 
     trade-distorting import and export practices such as those 
     that would impact perishable or cyclical products;
       (B) increasing United States agricultural exports by 
     eliminating barriers to trade (including transparent and 
     nontransparent barriers) and reducing or eliminating the 
     subsidization of agricultural production consistent with the 
     United States policy of agricultural stabilization in 
     cyclical and unpredictable markets;
       (C) creating a free and more open world agricultural 
     trading system by resolving questions pertaining to export 
     and other trade-distorting subsidies, market pricing, and 
     market access;
       (D) eliminating or reducing substantially other specific 
     constraints to fair trade and more open market access, such 
     as tariffs, quotas, and other nontariff practices; and
       (E) developing, strengthening, and clarifying rules that 
     address practices that unfairly decrease United States market 
     access opportunities or distort agricultural markets to the 
     detriment of the United States, including--
       (i) unfair or trade-distorting activities of state trading 
     enterprises and other administrative mechanisms, including 
     lack of price transparency;
       (ii) unjustified restrictions or commercial requirements 
     affecting new technologies, including biotechnology;
       (iii) unjustified sanitary or phytosanitary restrictions;
       (iv) other unjustified technical barriers to trade; and
       (v) restrictive rules in the administration of tariff-rate 
     quotas.
       (6) Unfair trade practices.--The principal negotiating 
     objectives of the United States with respect to unfair trade 
     practices are--
       (A) to enhance the operation and effectiveness of the 
     relevant Uruguay Round Agreements and any other agreements 
     designed to define, deter, discourage the persistent use of, 
     and otherwise discipline, unfair trade practices having 
     adverse trade effects, including forms of subsidy and dumping 
     not adequately disciplined, such as resource input subsidies, 
     diversionary dumping, dumped or subsidized inputs, third 
     country dumping, circumvention of antidumping or 
     countervailing duty orders, and export targeting practices; 
     and
       (B) to obtain the enforcement of WTO rules against--
       (i) trade-distorting practices of state trading 
     enterprises, and
       (ii) the acts, practices, or policies of any foreign 
     government which, as a practical matter, unreasonably require 
     that--

       (I) substantial direct investment in the foreign country be 
     made,
       (II) intellectual property be licensed to the foreign 
     country or to any firm of the foreign country, or
       (III) other collateral concessions be made,

     as a condition for the importation of any product or service 
     of the United States into the foreign country or as a 
     condition for carrying on business in the foreign country.
       (7) Safeguards.--The principal negotiating objectives of 
     the United States regarding safeguards are--
       (A) to improve and expand rules and procedures covering 
     safeguard measures;
       (B) to ensure that safeguard measures are--
       (i) transparent,
       (ii) temporary,
       (iii) degressive, and
       (iv) subject to review and termination when no longer 
     necessary to remedy injury and to facilitate adjustment; and
       (C) to require notification of, and to monitor the use by, 
     WTO members of import relief actions for their domestic 
     industries.
       (8) Improvement of the wto and multilateral trade 
     agreements.--The principal negotiating objectives of the 
     United States regarding the improvement of the WTO and other 
     multilateral trade agreements are--
       (A) to improve the operation and extend the coverage of the 
     WTO and such agreements to products, sectors, and conditions 
     of trade not adequately covered; and
       (B) to expand country participation in particular 
     agreements, where appropriate.
       (9) Dispute settlement.--The principal negotiating 
     objectives of the United States with respect to dispute 
     settlement are--
       (A) to provide for effective and expeditious dispute 
     settlement mechanisms and procedures in any trade agreement 
     entered into under this authority; and
       (B) to ensure that such mechanisms within the WTO and 
     agreements concluded under the auspices of the WTO provide 
     for more effective and expeditious resolution of disputes and 
     enable better enforcement of United States rights.
       (10) Transparency.--The principal negotiating objective of 
     the United States regarding transparency is to obtain broader 
     application of the principle of transparency through 
     increased public access to information regarding trade 
     issues, clarification of the costs and benefits of trade 
     policy actions, and the observance of open and equitable 
     procedures by United States trading partners and within the 
     WTO.
       (11) Developing countries.--The principal negotiating 
     objectives of the United States regarding developing 
     countries are--
       (A) to ensure that developing countries promote economic 
     development by assuming the fullest possible measure of 
     responsibility for achieving and maintaining an open 
     international trading system by providing reciprocal benefits 
     and assuming equivalent obligations with respect to their 
     import and export practices; and
       (B) to establish procedures for reducing nonreciprocal 
     trade benefits for the more advanced developing countries.
       (12) Current account surpluses.--The principal negotiating 
     objective of the United States regarding current account 
     surpluses is to promote policies to address large and 
     persistent global current account imbalances of countries 
     (including imbalances which 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 through 
     expedited implementation of trade agreements where feasible 
     and appropriate.
       (13) Access to high technology.--
       (A) The principal negotiating objective of the United 
     States regarding access to high technology is to obtain the 
     elimination or reduction of foreign barriers to, and acts, 
     policies, or practices by foreign governments which limit, 
     equitable access by United States persons to foreign-
     developed technology, including barriers, acts, policies, or 
     practices which have the effect of--
       (i) restricting the participation of United States persons 
     in government-supported research and development projects;
       (ii) denying equitable access by United States persons to 
     government-held patents;
       (iii) requiring the approval of government entities, or 
     imposing other forms of government intervention, as a 
     condition of granting licenses to United States persons by 
     foreign persons (other than approval which may be necessary 
     for national security purposes to control the export of 
     critical military technology); and
       (iv) otherwise denying equitable access by United States 
     persons to foreign-developed technology or contributing to 
     the inequitable flow of technology between the United States 
     and its trading partners.
       (B) In pursuing the negotiating objective described in 
     subparagraph (A), the United States negotiators shall take 
     into account United States Government policies in licensing 
     or otherwise making available to foreign persons technology 
     and other information developed by United States 
     laboratories.
       (14) Border taxes.--The principal negotiating objective of 
     the United States regarding border taxes is, within the WTO, 
     to obtain a revision of the treatment of border 
     adjustments for internal taxes in order to redress the 
     disadvantage to countries that rely primarily on direct 
     taxes rather than indirect taxes for revenue.
       (15) Regulatory competition.--The principal trade 
     negotiating objectives of the United States regarding the use 
     of government regulation or other practices by foreign 
     governments to provide a competitive advantage to their 
     domestic producers, service providers, or investors and 
     thereby reduce market access for United States goods, 
     services, and investment are--
       (A) to ensure that government regulation and other 
     government practices do not unfairly discriminate against 
     United States goods, services, or investment; and
       (B) to prevent the use of foreign government regulation and 
     other government practices, including the lowering of, or 
     derogation from, existing labor (including child labor), 
     health and safety, or environmental

[[Page S8146]]

     standards, for the purpose of attracting investment or 
     inhibiting United States exports.
     Nothing in subparagraph (B) shall be construed to authorize 
     in an implementing bill, or in an agreement subject to an 
     implementing bill, the inclusion of provisions that would 
     restrict the autonomy of the United States in these areas.
       (c) International Economic Policy Objectives Designed To 
     Reinforce the Trade Agreements Process.--
       (1) In general.--It is the policy of the United States to 
     reinforce the trade agreements process by--
       (A) fostering stability in international currency markets 
     and developing 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;
       (B) supplementing and strengthening standards for 
     protection of intellectual property rights under conventions 
     designed to protect such rights that are administered by 
     international organizations other than the WTO, expanding the 
     conventions to cover new and emerging technologies, and 
     eliminating discrimination and unreasonable exceptions or 
     preconditions to such protection;
       (C) promoting respect for workers' rights, by--
       (i) reviewing the relationship between workers' rights and 
     the operation of international trading systems and specific 
     trade arrangements; and
       (ii) seeking to establish in the International Labor 
     Organization (referred to in this Act as the ``ILO'') a 
     mechanism for the systematic examination of, and reporting 
     on, the extent to which ILO members promote and enforce the 
     freedom of association, the right to organize and bargain 
     collectively, a prohibition on the use of forced labor, a 
     prohibition on exploitative child labor, and a prohibition on 
     discrimination in employment; and
       (D) expanding the production of goods and trade in goods 
     and services to ensure the optimal use of the world's 
     resources, while seeking to protect and preserve the 
     environment and to enhance the international means for doing 
     so.
       (2) Application of procedures.--Nothing in this subsection 
     shall be construed to authorize the use of the trade 
     agreement approval procedures described in section 3 to 
     modify United States law.

     SEC. 3. TRADE AGREEMENT NEGOTIATING AUTHORITY.

       (a) Agreements Regarding Tariff Barriers.--
       (1) In general.--Whenever the President determines that 1 
     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) October 1, 2001, or
       (ii) October 1, 2005, if the authority provided by this Act 
     is extended under subsection (c); and
       (B) may, consistent with paragraphs (2) through (5), 
     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.
       (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 
     enactment of this Act) to a rate which is less than 50 
     percent of the rate of such duty that applies on such date of 
     enactment;
       (B) provides for a reduction of duty on an article to take 
     effect on a date that is more than 10 years after the first 
     reduction that is proclaimed to carry out a trade agreement 
     with respect to such article; or
       (C) increases any rate of duty above the rate that applied 
     on the date of enactment of this Act.
       (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 under subparagraph 
     (A) is required with respect to a rate 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 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 or 
     increase that may not be proclaimed by reason of paragraph 
     (2) may take effect only if a provision authorizing such 
     reduction or increase is included within an implementing bill 
     provided for under section 5 and that bill is enacted into 
     law.
       (6) Expanded tariff proclamation authority.--
       (A) In general.--Notwithstanding the provisions of 
     paragraphs (1) through (5), before October 1, 2001 (or before 
     October 1, 2005, if the authority provided by this Act is 
     extended under subsection (c)), and subject to the 
     consultation and layover requirements of section 115 of the 
     Uruguay Round Agreements Act (19 U.S.C. 3524) and the 
     notification and consultation requirements of section 4(a) of 
     this 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 the Uruguay Round 
     Agreements Act, if the United States has agreed to such 
     modification or staged rate reduction in a negotiation for 
     the reciprocal elimination or harmonization of duties, within 
     the same tariff categories, 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.
       (B) Notice required.--The modification or staged rate 
     reduction authorized under subparagraph (A) with respect to 
     any negotiation initiated after the date of enactment of this 
     Act may be proclaimed only on articles in tariff categories 
     with respect to which the President has provided notice in 
     accordance with section 4(a).
       (7) Tariff modifications under uruguay round agreements 
     act.--Nothing in this subsection shall limit the authority 
     provided to the President under section 111(b) of the Uruguay 
     Round Agreements Act.
       (b) Agreements Regarding Tariff and Nontariff Barriers.--
       (1) In general.--
       (A) Determination by president.--Whenever the President 
     determines that--
       (i) any duty or other import restriction imposed by any 
     foreign country or the United States or any other barrier to, 
     or other distortion of, international trade--

       (I) unduly burdens or restricts the foreign trade of the 
     United States or adversely affects the United States economy, 
     or
       (II) is likely to result in such a burden, restriction, or 
     effect, and

       (ii) the purposes, policies, and objectives of this Act 
     will be promoted thereby,

     the President may, before October 1, 2001 (or before October 
     1, 2005, if the authority provided under this Act is extended 
     under subsection (c)) enter into a trade agreement described 
     in subparagraph (B).
       (B) Trade agreement described.--A trade agreement described 
     in this subparagraph means an agreement with a foreign 
     country that provides for--
       (i) the reduction or elimination of such duty, restriction, 
     barrier, or other distortion; or
       (ii) the prohibition of, or limitation on the imposition 
     of, such barrier or other distortion.
       (2) Conditions.--A trade agreement may be entered into 
     under this subsection only if--
       (A) such agreement makes progress in meeting the applicable 
     objectives described in section 2(b); and
       (B) the President satisfies the conditions set forth in 
     section 4 with respect to such agreement.
       (3) Bills qualifying for trade agreement approval 
     procedures.--The provisions of section 151 of the Trade Act 
     of 1974 (in this Act referred to as ``trade agreement 
     approval procedures'') apply to implementing bills submitted 
     with respect to trade agreements entered into under this 
     subsection, except that, for purposes of applying section 
     151(b)(1), such implementing bills shall contain only--
       (A) provisions that approve a trade agreement entered into 
     under this subsection that achieves one or more of the 
     principal negotiating objectives set forth in section 2(b) 
     and the statement of administrative action (if any) proposed 
     to implement such trade agreement;
       (B) provisions that are--
       (i) necessary to implement such agreement; or
       (ii) otherwise related to the implementation, enforcement, 
     and adjustment to the effects of such trade agreement and are 
     directly related to trade; and
       (C) provisions necessary for purposes of complying with 
     section 252 of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 in implementing the applicable trade 
     agreement.
       (c) Extension Procedures.--
       (1) In general.--Except as provided in section 5(b)--
       (A) subsections (a) and (b) shall apply with respect to 
     agreements entered into before October 1, 2001; and
       (B) subsections (a) and (b) shall be extended to apply with 
     respect to agreements

[[Page S8147]]

     entered into on or after October 1, 2001, and before October 
     1, 2005, if (and only if)--
       (i) the President requests such extension under paragraph 
     (2); and
       (ii) neither House of Congress adopts an extension 
     disapproval resolution under paragraph (5) 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.
       (5) Extension disapproval resolutions.--
       (A) In general.--For purposes of this subsection, the term 
     ``extension 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 request of the President for an extension, under section 
     3(c) of the Reciprocal Trade Agreements Act of 1997, of 
     ________________ after September 30, 2001.'', with the first 
     blank space being filled with the name of the resolving House 
     of Congress and the second blank space being filled with one 
     or both of the following phrases: ``the tariff proclamation 
     authority provided under section 3(a) of the Reciprocal Trade 
     Agreements Act of 1997'' or ``the trade agreement approval 
     procedures provided under section 3(b) of the Reciprocal 
     Trade Agreements Act of 1997''.
       (B) Introduction and referral.--Extension disapproval 
     resolutions--
       (i) may be introduced in either House of Congress by any 
     member of such House;
       (ii) shall be jointly referred, in the House of 
     Representatives, to the Committee on Ways and Means and the 
     Committee on Rules; and
       (iii) shall be referred, in the Senate, to the Committee on 
     Finance.
       (C) Floor consideration.--The provisions of sections 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) Committee action required.--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 the Committee on Rules; or
       (iii) either House of Congress to consider an extension 
     disapproval resolution after September 30, 2001.

     SEC. 4. NOTICE AND CONSULTATIONS.

       (a) Notice and Consultation Before Negotiation.--With 
     respect to any agreement subject to the provisions of section 
     3 (a) or (b), the President shall--
       (1) not later than 90 calendar days before initiating 
     negotiations, provide written notice to Congress regarding--
       (A) the President's intent to initiate the negotiations;
       (B) the date the President intends to initiate such 
     negotiations;
       (C) the specific United States objectives for the 
     negotiations; and
       (D) whether the President intends to seek an agreement or 
     changes to an existing agreement;
       (2) consult regarding the negotiations--
       (A) before and promptly after submission of the notice 
     described in paragraph (1), with the Committee on Finance of 
     the Senate, the Committee on Ways and Means of the House of 
     Representatives, and such other committees of the House and 
     Senate as the President deems appropriate; and
       (B) with any other committee that requests consultations in 
     writing; and
       (3) consult with the appropriate industry sector advisory 
     groups established under section 135 of the Trade Act of 1974 
     before initiating negotiations.
       (b) Consultation With Congress Before Agreement Entered 
     Into.--
       (1) Consultation.--Before entering into any trade agreement 
     under section 3 (a) or (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; 
     and
       (B) each other committee of the House and the Senate, and 
     each joint committee of Congress, which has jurisdiction over 
     legislation involving subject matters that 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;
       (C) where applicable, the implementation of the agreement 
     under section 5, including whether the agreement includes 
     subject matter for which supplemental implementing 
     legislation may be required which is not subject to trade 
     agreement approval procedures; and
       (D) any other agreement the President has entered into or 
     intends to enter into with the country or countries in 
     question.
       (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 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;
       (C) after entering into the agreement, the President 
     submits a copy of the final legal text of the agreement, 
     together with--
       (i) a draft of an implementing bill described in section 
     3(b)(3);
       (ii) a statement of any administrative action proposed to 
     implement the trade agreement; and
       (iii) the supporting information described in paragraph 
     (2); and
       (D) the implementing bill is enacted into law.
       (2) Supporting information.--The supporting information 
     required under paragraph (1)(C)(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 makes progress in 
     achieving 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 makes progress in 
     achieving 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) whether and how the agreement changes provisions of an 
     agreement previously negotiated;
       (III) how the agreement serves the interests of United 
     States commerce;
       (IV) why the implementing bill qualifies for trade 
     agreement approval procedures under section 3(b)(3); and
       (V) any proposed administrative action.

       (3) Reciprocal benefits.--To ensure that a foreign country 
     which receives benefits under a trade agreement entered into 
     under section 3 (a) or (b) is subject to the obligations 
     imposed by such agreement, the President shall recommend to 
     Congress in the implementing bill and statement of 
     administrative action submitted with respect to such 
     agreement that the benefits and obligations of such agreement 
     apply solely to the parties to such agreement, if such 
     application is consistent with the terms of such agreement. 
     The President may also recommend with respect to any such 
     agreement that the benefits and obligations of such agreement 
     not

[[Page S8148]]

     apply uniformly to all parties to such agreement, if such 
     application is consistent with the terms of such agreement.
       (b) Limitations on Trade Agreement Approval Procedures.--
       (1) Disapproval of the negotiation.--The trade agreement 
     approval 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 the Committee on Finance of the Senate and the Committee 
     on Ways and Means of the House of Representatives disapprove 
     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 such agreement.
       (2) For lack of notice or consultations.--
       (A) In general.--The trade agreement approval procedures 
     shall not apply to any implementing bill submitted with 
     respect to a trade agreement entered into under section 3(b) 
     if during the 60-day period beginning on the date that one 
     House of Congress agrees to a procedural disapproval 
     resolution for lack of notice or consultations with respect 
     to that trade agreement, the other House separately agrees to 
     a procedural disapproval resolution with respect to that 
     agreement.
       (B) Procedural disapproval resolution.--For purposes of 
     this paragraph, the term ``procedural disapproval 
     resolution'' means a resolution of either House of Congress, 
     the sole matter after the resolving clause of which is as 
     follows: ``That the President has failed or refused to notify 
     or consult (as the case may be) with Congress in accordance 
     with sections 4 and 5 of the Reciprocal Trade Agreements Act 
     of 1997 with respect to ____ and, therefore, the trade 
     agreement approval procedures set forth in section 3(b) of 
     that Act shall not apply to any implementing bill submitted 
     with respect to that trade agreement.'', with the blank space 
     being filled with a description of the trade agreement with 
     respect to which the President is considered to have failed 
     or refused to notify or consult.
       (C) Computation of certain periods of time.--The 60-day 
     period of time described in subparagraph (A) shall be 
     computed without regard to--
       (i) 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
       (ii) any Saturday and Sunday, not excluded under clause 
     (i), when either House of Congress is not in session.
       (3) Procedures for considering procedural disapproval 
     resolutions.--
       (A) Procedural disapproval resolutions.--Procedural 
     disapproval resolutions--
       (i) in the House of Representatives--

       (I) shall be introduced by the chairman or ranking minority 
     member of the Committee on Ways and Means or the chairman or 
     ranking minority member of the Committee on Rules;

       (II) shall be jointly referred to the Committee on Ways and 
     Means and the Committee on Rules; and
       (III) may not be amended by either Committee; and

       (ii) in the Senate shall be original resolutions of the 
     Committee on Finance.
       (B) Floor consideration.--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 procedural disapproval 
     resolutions.
       (C) Committee action required.--
       (i) House of representatives.--It is not in order for the 
     House of Representatives to consider any procedural 
     disapproval resolution not reported by the Committee on Ways 
     and Means and the Committee on Rules.
       (ii) Senate.--It is not in order for the Senate to consider 
     any procedural disapproval resolution not reported by the 
     Committee on Finance.
       (c) Rules of House of Representatives and Senate.--
     Subsection (b) of this section and section 3(c) are enacted 
     by 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. 6. TREATMENT OF CERTAIN TRADE AGREEMENTS.

       (a) In General.--Notwithstanding section 3(a)(6)(B) and 
     section 3(b)(2), the provisions of section 4(a) shall not 
     apply with respect to agreements that result from--
       (1) negotiations under the auspices of the World Trade 
     Organization regarding trade in information technology 
     products;
       (2) negotiations or work programs initiated pursuant to a 
     Uruguay Round Agreement, as defined in section 2 of the 
     Uruguay Round Agreements Act; or

       (3) negotiations with Chile,
     that were commenced before the date of enactment of this Act, 
     and the applicability of trade agreement approval procedures 
     with respect to such agreements shall be determined without 
     regard to the requirements of section 4(a).
       (b) Procedural Disapproval Resolution Not In Order.--A 
     procedural disapproval resolution under section 5(b) shall 
     not be in order with respect to an agreement described in 
     subsection (a) of this section based on a failure or refusal 
     to comply with section 4(a).

     SEC. 7. 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--
       (i) 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 5(a)(1) of the 
     Reciprocal Trade Agreements Act of 1997''; and
       (ii) by adding after subparagraph (C) the following flush 
     sentence:

     ``For purposes of applying this paragraph to implementing 
     bills submitted with respect to trade agreements entered into 
     under section 3(b) of the Reciprocal Trade Agreements Act of 
     1997, subparagraphs (A), (B), and (C) of section 3(b)(3) of 
     such Act shall be substituted for subparagraphs (A), (B), and 
     (C) of this paragraph.''.
       (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 5(a)(1) of the Reciprocal Trade 
     Agreements Act of 1997''.
       (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 3 (a) or (b) of the Reciprocal Trade 
     Agreements Act of 1997,''; and
       (ii) in paragraph (2), by striking ``section 1102 (b) or 
     (c) of the Omnibus Trade and Competitiveness Act of 1988'' 
     and inserting ``section 3(b) of the Reciprocal Trade 
     Agreements Act of 1997'';
       (B) in subsection (b), by striking ``section 
     1102(a)(3)(A)'' and inserting ``section 3(a)(3)(A) of the 
     Reciprocal Trade Agreements Act of 1997'' 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 3 of the Reciprocal Trade Agreements Act 
     of 1997,''.
       (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 3 of the Reciprocal Trade Agreements Act 
     of 1997,''.
       (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 3 of the Reciprocal Trade Agreements Act of 1997''.
       (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 3 of the Reciprocal Trade Agreements Act 
     of 1997'';
       (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 3 of the Reciprocal Trade Agreements Act 
     of 1997''; and
       (ii) by striking ``section 1103(a)(1)(A) of such Act of 
     1988'' and inserting ``section 5(a)(1)(A) of the Reciprocal 
     Trade Agreements Act of 1997''; and
       (C) in subsection (e)(2), by striking ``the applicable 
     overall and principal negotiating objectives set forth in 
     section 1101 of the Omnibus Trade and Competitiveness Act of 
     1988'' and inserting ``the purposes, policies, and objectives 
     set forth in section 2 (a) and (b) of the Reciprocal Trade 
     Agreements Act of 1997''.
       (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 3 of the Reciprocal Trade 
     Agreements Act of 1997''.
       (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 3 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 3 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. 8. TRADE ADJUSTMENT ASSISTANCE.

       (a) Authorization of Appropriations.--
       (1) In general.--Section 245 of the Trade Act of 1974 (19 
     U.S.C. 2317) is amended--
       (A) in subsection (a), by striking ``1993, 1994, 1995, 
     1996, 1997, and'' and inserting ``1999, and 2000,'' after 
     ``1998,''; and
       (B) in subsection (b), by striking ``1994, 1995, 1996, 
     1997, and'' and inserting ``1999, and 2000,'' after 
     ``1998,''.
       (2) Assistance for firms.--Section 256(b) of the Trade Act 
     of 1974 (19 U.S.C. 2346(b)) is

[[Page S8149]]

     amended by striking ``1993, 1994, 1995, 1996, 1997, and'' and 
     inserting ``, 1999, and 2000,'' after ``1998''.
       (b) Termination.--Section 285(c) of the Trade Act of 1974 
     (19 U.S.C. 2271 note preceding) is amended--
       (1) in paragraph (1), by striking ``1998'' and inserting 
     ``2000''; and
       (2) in paragraph (2)(A), by striking ``the day that is'' 
     and all that follows through ``effective'' and inserting 
     ``September 30, 2000''.

     SEC. 9. FEES FOR CERTAIN CUSTOMS SERVICES.

       Section 13031(b)(1)(C) of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c(b)(1)(C)) is 
     amended by striking ``to fiscal years'' and all that follows 
     through ``1997'' and inserting ``before September 1, 1998''.

     SEC. 10. DEFINITIONS.

       In this Act:
       (1) Distortion.--The term ``distortion'' includes, but is 
     not limited to, a subsidy.
       (2) Trade.--The term ``trade'' includes, but is not limited 
     to--
       (A) trade in both goods and services; and
       (B) foreign investment by United States persons, especially 
     if such investment has implications for trade in goods and 
     services.
       (3) Uruguay round agreements.-- The term ``Uruguay Round 
     Agreements'' has the meaning given such term in section 2(7) 
     of the Uruguay Round Agreements Act (19 U.S.C. 3501(7).
       (4) World trade organization.--The term ``World Trade 
     Organization'' means the organization established pursuant to 
     the WTO Agreement.
       (5) WTO agreement.--The term ``WTO Agreement'' means the 
     Agreement Establishing the World Trade Organization entered 
     into on April 15, 1994.
       (6) WTO and wto member.--The terms ``WTO'' and ``WTO 
     member'' have the meanings given those terms in section 2 of 
     the Uruguay Round Agreements Act (19 U.S.C. 3501).
                                 ______
                                 

                      COVERDELL AMENDMENT NO. 3153

  (Ordered to lie on the table.)
  Mr. COVERDELL submitted an amendment intended to be proposed by him 
to the bill, S. 2159, supra; as follows:

       On page 14, line 17, strike ``in all, $434,782,000'' and 
     insert ``$550,000 for research to detect or prevent 
     colonization of E. coli:0157H7 in live cattle; in all, 
     $435,332,000''.
       On page 49, line 23, strike ``$131,795,000'' and insert 
     ``$131,245,000''.

                          ____________________