[Congressional Record Volume 148, Number 62 (Wednesday, May 15, 2002)]
[Senate]
[Pages S4407-S4423]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3415. Mr. TORRICELLI (for himself and Ms. Mikulski) submitted an 
amendment intended to be proposed to amendment SA 3401 proposed by Mr. 
Baucus (for himself and Mr. Grassley) to the bill (H.R. 3009) to extend 
the Andean Trade Preference Act, to grant additional trade benefits 
under that Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 244, beginning on line 19, strike all through page 
     246, line 15, and insert the following:
       (A) to ensure that a party to a trade agreement with the 
     United States does not fail to effectively enforce its 
     environmental or labor laws;
       (B) to ensure that parties to a trade agreement reaffirm 
     their obligations as members of the ILO and their commitments 
     under the ILO Declaration of Fundamental Principles and 
     Rights at Work and its Follow-up;
       (C) to ensure that the parties to a trade agreement ensure 
     that their laws provide for labor standards consistent with 
     the ILO Declaration of Fundamental Principles and Rights at 
     Work and the internationally recognized labor rights set 
     forth in section 13(2) and constantly improve those standards 
     in that light;
       (D) to ensure that parties to a trade agreement do not 
     weaken, reduce, waive, or otherwise derogate from, or offer 
     to waive or derogate from, their labor laws as an 
     encouragement for trade;
       (E) to create a general exception from the obligations of a 
     trade agreement for--
       (i) Government measures taken pursuant to a recommendation 
     of the ILO under Article 33 of the ILO Constitution; and
       (ii) Government measures relating to goods or services 
     produced in violation of any of the ILO core labor standards, 
     including freedom of association and the effective 
     recognition of the right to collective bargaining (as defined 
     by ILO Conventions 87 and 98); the elimination of all forms 
     of forced or compulsory labor (as defined by ILO Conventions 
     29 and 105); the effective abolition of child labor (as 
     defined by ILO Conventions 138 and 182); and the elimination 
     of discrimination in respect of employment and occupation (as 
     defined by ILO Conventions 100 and 111); and
       (F) to ensure that--
       (i) all labor provisions of a trade agreement are fully 
     enforceable, including recourse to trade sanctions;
       (ii) the same enforcement mechanisms and penalties are 
     available for the commercial provisions of an agreement and 
     for the labor provisions of the agreement; and
       (iii) trade unions from all countries that are party to a 
     dispute over the labor provisions of the agreement can 
     participate in the dispute process;
       (G) to strengthen the capacity of United States trading 
     partners to promote respect for core labor standards (as 
     defined in section 13(2));
       (H) to strengthen the capacity of United States trading 
     partners to protect the environment through the promotion of 
     sustainable development;
       (I) to reduce or eliminate government practices or policies 
     that unduly threaten sustainable development;
       (J) to seek market access, through the elimination of 
     tariffs and nontariff barriers, for United States 
     environmental technologies, goods, and services; and
       (K) to ensure that labor, environmental, health, or safety 
     policies and practices of the parties to trade agreements 
     with the United States do not arbitrarily or unjustifiably 
     discriminate against United States exports or serve as 
     disguised barriers to trade.
                                  ____

  SA 3416. Mr. WELLSTONE proposed an amendment to amendment SA 3401 
proposed by Mr. Baucus (for himself and Mr. Grassley) to the bill (H.R. 
3009) to extend the Andean Trade Preference Act, to grant additional 
trade benefits under that Act, and for other purposes; as follows:

       Section 2102(c) is amended by striking paragraph (5) and 
     inserting the following new paragraph:
       ``(5) review the impact of future trade agreements on the 
     United States employment, modeled after Executive Order 
     13141, taking into account the impact on job security, the 
     level of compensation of new jobs and existing jobs, the 
     displacement of employment, and the regional distribution of 
     employment, utilizing experience from previous trade 
     agreements and alternative models of employment analysis, 
     report to the Committee on Ways and Means of the House of 
     Representatives and the Committee on Finance of the Senate on 
     such review, and make that report available to the public;''.
                                  ____

  SA 3417. Mr. EDWARDS (for himself, Mr. Hollings, Mr. Miller, Mr. 
Cleland, Mrs. Lincoln, Ms. Cantwell, and Mr. Allen) proposed an 
amendment to amendment SA 3401 proposed by Mr. Baucus (for himself and 
Mr. Grassley) to the bill (H.R. 3009) to extend the Andean Trade 
Preference Act, to grant additional trade benefits under that Act, and 
for other purposes; as follows:

       Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 
     2271 et seq.), as amended by section 111, is amended by 
     inserting after section 240 the following:

     ``SEC. 240A. JOB TRAINING PROGRAMS.

       ``(a) Grant Program Authorized.--The Secretary is 
     authorized to award grants to community colleges (as defined 
     in section 202 of the Tech-Prep Education Act (20 U.S.C. 
     2371)) on a competitive basis to establish job training 
     programs for adversely affected workers.
       ``(b) Application.--
       ``(1) Submission.--To receive a grant under this section, a 
     community college shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     shall require.
       ``(2) Contents.--The application submitted under paragraph 
     (1) shall provide a description of--
       ``(A) the population to be served with grant funds received 
     under this section;
       ``(B) how grant funds received under this section will be 
     expended; and
       ``(C) the job training programs that will be established 
     with grant funds received under this section, including a 
     description of how such programs relate to workforce needs in 
     the area where the community college is located.
       ``(c) Eligibility.--To be eligible to receive a grant under 
     this section, a community college shall be located in an 
     eligible community (as defined in section 271).
       ``(d) Decision on Applications.--Not later than 30 days 
     after submission of an application under subsection (b), the 
     Secretary shall approve or disapprove the application.
       ``(e) Use of Funds.--A community college that receives a 
     grant under this section shall use the grant funds to 
     establish job training programs for adversely affected 
     workers.
       On page 55, insert between lines 2 and 3 the following:
       ``(D) Additional weeks for remedial education.--
     Notwithstanding any other provision of this section, in order 
     to assist an adversely affected worker to complete training 
     approved for the worker under section 240, if the program is 
     a program of remedial education in accordance with 
     regulations prescribed by the Secretary, payments may be made 
     as trade adjustment allowances for up to 26 additional weeks 
     in the 26-week period that follows the last week of 
     entitlement to trade adjustment allowances otherwise payable 
     under this chapter.''.
       At the end of section 2102(b), insert the following:
       (15) Textile negotiations.--
       (A) In general.--The principal negotiating objectives of 
     the United States with respect to trade in textiles and 
     apparel articles is to obtain competitive opportunities for 
     United States exports of textiles and apparel 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 textiles and apparel by--
         (i) reducing to levels that are the same as, or lower 
     than, those in the United States, or eliminating, by a date 
     certain, tariffs or other charges that decrease market 
     opportunities for United States exports of textiles and 
     apparel;
       (ii) eliminating by a date certain non-tariff barriers that 
     decrease market opportunities for United States textile and 
     apparel articles;
       (iii) reducing or eliminating subsidies that decrease 
     market opportunities for United States exports or unfairly 
     distort textile and apparel markets to the detriment of the 
     United States;
       (iv) developing, strengthening, and clarifying rules to 
     eliminate practices that unfairly decrease United States 
     market access opportunities or distort textile and apparel 
     markets to the detriment of the United States;
       (v) 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;
       (vi) 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;
       (vii) otherwise ensuring that countries that accede to the 
     World Trade Organization have made meaningful market 
     liberalization commitments in textiles and apparel; and
       (viii) taking into account the impact that agreements 
     covering textiles and apparel

[[Page S4408]]

     trade to which the United States is already a party are 
     having on the United States textile and apparel industry.
       (B) Scope of objective.--The negotiating objectives set 
     forth in subparagraph (A) apply with respect to trade in 
     textile and apparel articles to be addressed in any trade 
     agreement entered into under section 2103 (a) or (b), 
     including any trade agreement entered under section 2103 (a) 
     or (b) that provides for accession to a trade agreement to 
     which the United States is already a party.
                                  ____

  SA 3418. Mrs. HUTCHISON submitted an amendment intended to be 
proposed to amendment SA 3401 proposed by Mr. Baucus (for himself and 
Mr. Grassley) to the bill (H.R. 3009) to extend the Andean Trade 
Preference Act, to grant additional trade benefits under that Act, and 
for other purposes; which was ordered to lie on the table; as follows:

       Section 204(b)(5)(B) of the Andean Trade Preference Act, as 
     amended by section 3102, is amended by adding the following 
     new clause:
       ``(viii) The extent to which the country has taken steps to 
     support the efforts of the United States to combat 
     terrorism.''
                                  ____

  SA 3419. Mr. LIEBERMAN (for himself, Mr. Dodd, Ms. Milkulski, and Mr. 
Kennedy) proposed an amendment to amendment SA 3401 proposed by Mr. 
Baucus (for himself and Mr. Grassley) to the bill (H.R. 3009) to extend 
the Andean Trade Preference Act, to grant additional trade benefits 
under that Act, and for other purposes; as follows:

       On page 245, line 14, beginning with ``and'', strike all 
     through ``protection'' on line 18.
                                  ____

  SA 3420. Mr. LEVIN (for himself and Mr. Voinovich) submitted an 
amendment intended to be proposed to amendment SA 3401 proposed by Mr. 
Baucus (for himself and Mr. Grassley) to the bill (H.R. 3009) to extend 
the Andean Trade Preference Act, to grant additional trade benefits 
under that Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of section 2102(b), insert the following:
       (15) Market access for motor vehicles and vehicle parts.--
     In the case of any trade agreement, whether or not the 
     agreement is subject to the provisions of section 2103, the 
     principal negotiating objectives of the United States with 
     respect to automotive trade is to increase market access for 
     United States motor vehicles and vehicle parts in foreign 
     markets, especially in Japan and Korea. The United States 
     should seek to obtain for United States motor vehicle and 
     vehicle parts manufacturers the same level of sales 
     opportunities in foreign markets that foreign motor vehicle 
     and vehicle parts manufacturers enjoy in the United States 
     and should--
       (A) remove structural impediments in foreign markets to 
     United States motor vehicle and motor vehicle parts exports 
     and seek measurable criteria for evaluating progress, 
     including annual government-to-government consultations to 
     remove impediments to progress;
       (B) negotiate market opening agreements with any member 
     country of the Organization for Economic Cooperation and 
     Development (OECD) that maintains in its domestic markets a 
     level of passenger vehicle imports of less than 10 percent 
     which is well below the average import rate of OECD 
     countries;
       (C) negotiate agreements that contain measurable goals, 
     including--
       (i) measurements of market share for United States-made 
     motor vehicles and vehicle parts and United States sourcing 
     of engines and transmissions; and
       (ii) a substantial and progressive reduction in the 
     bilateral motor vehicle parts trade imbalance resulting from 
     those structural barriers;
       (D) seek commitments from foreign auto makers to provide 
     updated business plans for purchases of foreign-made vehicle 
     parts;
       (E) commit to greater transparency in quasi-regulatory 
     activities assigned to trade associations;
       (F) allow United States companies to participate in trade 
     association activities during the development of policy and 
     regulation; and
       (G) require a semiannual report on the progress being made 
     to increase market access for United States motor vehicles 
     and vehicle parts.
                                  ____

  SA 3421. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill H.R. 3009, to extend the Andean Trade Preference 
Act, to grant additional trade benefits under that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of the amendment, insert the following:

     SEC. ____. TRADE REMEDY FOR CANADIAN WHEAT.

       (a) Short Title.--This section may be cited as the 
     ``Agricultural Trade Fairness Act of 2002''.
       (b) Findings.--Congress finds the following:
       (1) The Government of Canada grants the Canadian Wheat 
     Board special monopoly rights and privileges which 
     disadvantage United States wheat farmers and undermine the 
     integrity of the trading system.
       (2) The Canadian Wheat Board is able to take sales from 
     United States farmers, because it--
       (A) is insulated from commercial risks;
       (B) benefits from subsidies;
       (C) has a protected domestic market and special privileges; 
     and
       (D) has competitive advantages due to its monopoly control 
     over a guaranteed supply of wheat.
       (3) The Canadian Wheat Board is insulated from commercial 
     risk because the Canadian Government guarantees its financial 
     operations, including its borrowing, credit sales to foreign 
     buyers, and initial payments to farmers.
       (4) The Canadian Wheat Board benefits from subsidies and 
     special privileges, such as government-owned railcars, 
     government-guaranteed debt, and below market borrowing costs.
       (5) The Canadian Wheat Board has a competitive advantage 
     due to its monopoly control over a guaranteed supply of wheat 
     that Canadian farmers are required to sell to the Board, and 
     monopoly control to export western Canadian wheat which 
     allows the Canadian Wheat Board to enter into forward 
     contracts without incurring commercial risks.
       (6) Canada's burdensome regulatory scheme controls the 
     varieties of wheat that can be marketed and restricts imports 
     of United States wheat.
       (7) The wheat trade problem with Canada is long-standing 
     and affects the entire United States wheat industry by 
     depressing prices and displacing sales of United States wheat 
     domestically and in foreign markets.
       (8) The acts, policies, and practices of the Government of 
     Canada and the Canadian Wheat Board are unreasonable and 
     burden or restrict United States wheat commerce.
       (9) Since entering into the Canada-United States Free Trade 
     Agreement, United States wheat producers have been 
     continuously threatened by the unfair practices of the 
     Canadian Wheat Board.
       (10) The United States Department of Agriculture figures 
     confirm that--
       (A) United States wheat farmers have lost domestic market 
     share to Canadian Wheat Board imports consistently since the 
     implementation of the Canada-United States Free Trade 
     Agreement;
       (B) the price of wheat has dropped sharply since the 1996 
     peak;
       (C) although almost half of the United States wheat crop is 
     exported, United States wheat exports have shown little 
     increase since 1996 and 1997; and
       (D) the number of farms growing wheat in the United States 
     continues to decline.
       (11) United States wheat producers are faced with low 
     prices as a result of the Canadian Wheat Board's unfair 
     pricing in domestic and third country markets. United States 
     wheat producers have experienced a steep decline in farm 
     income, have increasing carry-over stock, face indebtedness, 
     and have been forced to rely on Government support.
       (c) Response to Unfair Trade Practices by Canadian Wheat 
     Board.--Since the United States Trade Representative made a 
     positive finding that the practices of the Canadian Wheat 
     Board involved subsidies, protected domestic market, and 
     special benefits and privileges that disadvantage United 
     States wheat farmers and infringe on the integrity of a 
     competitive trading system, the President shall implement the 
     finding and shall--
       (1) initiate a dispute settlement case against the Canadian 
     Wheat Board in the World Trade Organization;
       (2) initiate action under title VII of the Tariff Act of 
     1930 with respect to countervailing duty and antidumping 
     petitions against Canada;
       (3) in the newly launched round of the World Trade 
     Organization, pursue permanent reform of the Canadian Wheat 
     Board through the development of new disciplines and rules on 
     State trading enterprises that export agricultural goods 
     which include--
       (A) ending exclusive export rights to ensure private sector 
     competition in markets controlled by single desk exports;
       (B) establishing World Trade Organization requirements for 
     identifying acquisition costs, export pricing, and other 
     sales information for single desk exporters; and
       (C) eliminating the use of Government funds or guarantees 
     to support or ensure the financial viability of single desk 
     exporters; and
       (4) the Secretary of Agriculture shall target not less than 
     $100,000,000 from the Export Enhancement Program (title III 
     of the Agricultural Trade Act of 1978 (7 U.S.C. 5651 et 
     seq.)) to offset the unfair practices of the Canadian Wheat 
     Board in foreign and domestic markets where United States 
     wheat producers have suffered lost markets due to the 
     Canadian Wheat Board's predatory pricing practices.
                                  ____

  SA 3422. Mr. DURBIN (for himself, Mr. Dorgan, and Mr. Wellstone) 
proposed an amendment to amendment SA 3401 proposed by Mr. Baucus (for 
himself and Mr. Grassley) to the bill (H.R. 3009) to extend the Andean 
Trade Preference Act, to grant additional trade benefits under that 
Act, and for other purposes; as follows:

       Title XXI of division B is amended by striking section 2101 
     and all that follows

[[Page S4409]]

     through section 2113, and inserting the following:

     SEC. 2101. SHORT TITLE.

       This title may be cited as the ``Comprehensive Trade 
     Negotiating Authority Act of 2002''.

     SEC. 2102. NEGOTIATING OBJECTIVES.

       (a) Overall Trade Negotiating Objectives.--The overall 
     trade negotiating objectives of the United States for 
     agreements subject to the provisions of section 2104 are the 
     following:
       (1) To obtain clear and specific commitments from trading 
     partners of the United States to fulfill existing 
     international trade obligations according to existing 
     schedules.
       (2) To obtain more open, equitable, and reciprocal market 
     access for United States agricultural products, manufactured 
     and other nonagricultural products, and services.
       (3) To obtain the reduction or elimination of barriers to 
     trade, including barriers that result from failure of 
     governments to publish laws, rules, policies, practices, and 
     administrative and judicial decisions.
       (4) To ensure effective implementation of trade commitments 
     and obligations by strengthening the effective operation of 
     the rule of law by trading partners of the United States.
       (5) To oppose any attempts to weaken in any respect the 
     trade remedy laws of the United States.
       (6) To increase public access to international, regional, 
     and bilateral trade organizations in which the United States 
     is a member by developing such organizations and their 
     underlying agreements in ways that make the resources of such 
     organizations more accessible to, and their decisionmaking 
     processes more open to participation by, workers, farmers, 
     businesses, and nongovernmental organizations.
       (7) To ensure that the dispute settlement mechanisms in 
     multilateral, regional, and bilateral agreements lead to 
     prompt and full compliance.
       (8) To ensure that the benefits of trade extend broadly and 
     fully to all segments of society.
       (9) To pursue market access initiatives that benefit the 
     world's least-developed countries.
       (10) To ensure that trade rules take into account the 
     special needs of least-developed countries.
       (11) To promote enforcement of internationally recognized 
     core labor standards by trading partners of the United 
     States.
       (12) To promote the ongoing improvement of environmental 
     protections.
       (13) To promote the compatibility of trade rules with 
     national environmental, health, and safety standards and with 
     multilateral environmental agreements.
       (14) To identify and pursue those areas of trade 
     liberalization, such as trade in environmental technologies, 
     that also promote protection of the environment.
       (15) To ensure that existing and new rules of the WTO and 
     of regional and bilateral trade agreements support 
     sustainable development, protection of endangered species, 
     and reduction of air and water pollution.
       (16) To ensure that existing and new rules of the WTO and 
     of regional and bilateral agreements are written, 
     interpreted, and applied in such a way as to facilitate the 
     growth of electronic commerce.
       (b) Principal Negotiating Objectives Under the WTO.--The 
     principal negotiating objectives of the United States under 
     the auspices of the WTO are the following:
       (1) Reciprocal trade in agriculture.--The principal 
     negotiating objective of the United States with respect to 
     agriculture is to obtain competitive opportunities for United 
     States exports of agricultural commodities in foreign markets 
     equal to the competitive opportunities afforded foreign 
     exports in United States markets and to achieve fairer and 
     more open conditions of trade in bulk, specialty crop, and 
     value-added commodities by doing the following:
       (A) Reducing or eliminating, by a date certain, tariffs or 
     other charges that decrease market opportunities for United 
     States exports, giving priority to those products that are 
     subject to significantly higher tariffs or subsidy regimes of 
     major producing countries and providing reasonable adjustment 
     periods for import sensitive products of the United States, 
     in close consultation with the Congress.
       (B) Eliminating disparities between applied and bound 
     tariffs by reducing bound tariff levels.
       (C) Enhancing the transparency of tariff regimes.
       (D) Tightening disciplines governing the administration of 
     tariff rate quotas.
       (E) Eliminating export subsidies.
       (F) Eliminating or reducing trade distorting domestic 
     subsidies.
       (G) When negotiating reduction or elimination of export 
     subsidies or trade distorting domestic subsidies with 
     countries that maintain higher levels of such subsidies than 
     the United States, obtaining reductions from other countries 
     to United States subsidy levels before agreeing to reduce or 
     eliminate United States subsidies.
       (H) Preserving United States market development programs, 
     including agriculture export credit programs that allow the 
     United States to compete with other foreign export promotion 
     efforts.
       (I) Maintaining bona fide food aid programs.
       (J) Allowing the preservation of programs that support 
     family farms and rural communities but do not distort trade.
       (K) Eliminating state trading enterprises, or, at a 
     minimum, adopting rigorous disciplines that ensure 
     transparency in the operations of such enterprises, including 
     price transparency, competition, and the end of 
     discriminatory policies and practices, including policies and 
     practices supporting cross-subsidization, price 
     discrimination, and price undercutting in export markets.
       (L) Eliminating practices that adversely affect trade in 
     perishable or seasonal products, while improving import 
     relief mechanisms to recognize the unique characteristics of 
     perishable and seasonal agriculture. Before commencing 
     negotiations with respect to agriculture, the Trade 
     Representative, in consultation with the Congress, shall seek 
     to develop a position on the treatment of perishable and 
     seasonal food products to be employed in the negotiations in 
     order to develop an international consensus on the treatment 
     of such products in antidumping, countervailing duty, and 
     safeguard actions and in any other relevant area.
       (M) Taking into account whether a party to the negotiations 
     has failed to adhere to the provisions of already existing 
     trade agreements with the United States or has circumvented 
     obligations under those agreements.
       (N) Taking into account whether a product is subject to 
     market distortions by reason of a failure of a major 
     producing country to adhere to the provisions of already 
     existing trade agreements with the United States or by the 
     circumvention by that country of its obligations under those 
     agreements.
       (O) Taking into account the impact that agreements covering 
     agriculture to which the United States is a party, including 
     NAFTA, have had on the agricultural sector in the United 
     States.
       (P) Ensuring that countries that accede to the WTO have 
     made meaningful market liberalization commitments in 
     agriculture.
       (Q) Treating the negotiation of all issues as a single 
     undertaking, with implementation of early agreements in 
     particular sectors contingent on an acceptable final package 
     of agreements on all issues.
       (2) Trade in services.--The principal negotiating objective 
     of the United States with respect to trade in services is to 
     further reduce or eliminate barriers to, or other distortions 
     of, international trade in services by doing the following:
       (A) Pursuing agreement by WTO members to extend their 
     commitments under the General Agreement on Trade in Services 
     (in this section also referred to as ``GATS'') to--
       (i) achieve maximum liberalization of market access in all 
     modes of supply, including by removing restrictions on the 
     legal form of an investment or on the right to own all or a 
     majority share of a service supplier, subject to national 
     security exceptions;
       (ii) remove regulatory and other barriers that deny 
     national treatment, or unreasonably restrict the 
     establishment or operations of service suppliers in foreign 
     markets;
       (iii) reduce or eliminate any adverse effects of existing 
     government measures on trade in services;
       (iv) eliminate additional barriers to trade in services, 
     including restrictions on access to services distribution 
     networks and information systems, unreasonable or 
     discriminatory licensing requirements, the administration of 
     cartels or toleration of anticompetitive activity, 
     unreasonable delegation of regulatory powers to private 
     entities, and similar government acts, measures, or policies 
     affecting the sale, offering for sale, purchase, 
     distribution, or use of services that have the effect of 
     restricting access of services and service suppliers to a 
     foreign market; and
       (v) grandfather existing concessions and liberalization 
     commitments.
       (B) Strengthening requirements under GATS to ensure that 
     regulation of services and service suppliers in all respects, 
     including by rulemaking, license-granting, standards-setting, 
     and through judicial, administrative, and arbitral 
     proceedings, is conducted in a transparent, reasonable, 
     objective, and impartial manner and is otherwise consistent 
     with principles of due process.
       (C) Continuing to oppose strongly cultural exceptions to 
     obligations under GATS, especially relating to audiovisual 
     services and service providers.
       (D) Preventing discrimination against a like service when 
     delivered through electronic means.
       (E) Pursuing full market access and national treatment 
     commitments for services sectors essential to supporting 
     electronic commerce.
       (F) Broadening and deepening commitments of other countries 
     relating to basic and value added telecommunications, 
     including by--
       (i) strengthening obligations and the implementation of 
     obligations to ensure competitive, nondiscriminatory access 
     to public telecommunication networks and services for 
     Internet service providers and other value-added service 
     providers; and
       (ii) preventing anticompetitive behavior by major 
     suppliers, including service suppliers that are either 
     government owned or controlled or recently government owned 
     or controlled.
       (G) Broadening and deepening commitments of other countries 
     relating to financial services.

[[Page S4410]]

       (3) Trade in manufactured and nonagricultural goods.--The 
     principal negotiating objectives of the United States with 
     respect to trade in manufactured and nonagricultural goods 
     are the following:
       (A) To eliminate disparities between applied and bound 
     tariffs by reducing bound tariff levels.
       (B) To negotiate an agreement that includes reciprocal 
     commitments to eliminate duties in sectors in which tariffs 
     are currently approaching zero.
       (C) To eliminate tariff and nontariff disparities remaining 
     from previous rounds of multilateral trade negotiations that 
     have put United States exports at a competitive disadvantage 
     in world markets, especially tariff and nontariff barriers in 
     foreign countries in those sectors where the United States 
     imposes no significant barriers to imports and where foreign 
     tariff and nontariff barriers are substantial.
       (D) To obtain the reduction or elimination of tariffs on 
     value-added products that provide a disproportionate level of 
     protection compared to that provided to raw materials.
       (E) To eliminate additional nontariff barriers to trade, 
     including--
       (i) anticompetitive restrictions on access to product 
     distribution networks and information systems;
       (ii) unreasonable or discriminatory inspection processes;
       (iii) the administration of cartels, or the promotion, 
     enabling, or toleration of anticompetitive activity;
       (iv) unreasonable delegation of regulatory powers to 
     private entities;
       (v) unreasonable or discriminatory licensing requirements; 
     and
       (vi) similar government acts, measures, or policies 
     affecting the sale, offering for sale, purchase, 
     transportation, distribution, or use of goods that have the 
     effect of restricting access of goods to a foreign market.
       (4) Trade in civil aircraft.--The principal negotiating 
     objectives of the United States with respect to civil 
     aircraft are those contained in section 135(c) of the Uruguay 
     Round Agreements Act (19 U.S.C. 3555(c)).
       (5) Rules of origin.--The principal negotiating objective 
     of the United States with respect to rules of origin is to 
     conclude the work program on rules of origin described in 
     Article 9 of the Agreement on Rules of Origin.
       (6) Dispute settlement.--The principal negotiating 
     objectives of the United States with respect to dispute 
     settlement are the following:
       (A) To improve enforcement of decisions of dispute 
     settlement panels to ensure prompt compliance by foreign 
     governments with their obligations under the WTO.
       (B) To strengthen rules that promote cooperation by the 
     governments of WTO members in producing evidence in 
     connection with dispute settlement proceedings, including 
     copies of laws, regulations, and other measures that are the 
     subject of or are directly relevant to the dispute, other 
     than evidence that is classified on the basis of national 
     security, and evidence that is business confidential.
       (C) To pursue rules for the management of translation-
     related issues.
       (D) To require that all submissions by governments to 
     dispute settlement panels and the Appellate Body be made 
     available to the public upon submission, providing 
     appropriate exceptions for only that information included in 
     a submission that is classified on the basis of national 
     security or that is business confidential.
       (E) To require that meetings of dispute settlement panels 
     and the Appellate Body with parties to a dispute are open to 
     other WTO members and the public and provide for in camera 
     treatment of only those portions of a proceeding dealing with 
     evidence that is classified on the basis of national security 
     or that is business confidential.
       (F) To require that transcripts of proceedings of dispute 
     settlement panels and the Appellate Body be made available to 
     the public promptly, providing appropriate exceptions for 
     only that information included in the transcripts that is 
     classified on the basis of national security or that is 
     business confidential.
       (G) To establish rules allowing for the submission of 
     amicus curiae briefs to dispute settlement panels and the 
     Appellate Body, and to require that such briefs be made 
     available to the public, providing appropriate exceptions for 
     only that information included in the briefs which is 
     classified on the basis of national security or that is 
     business confidential.
       (H) To strengthen rules protecting against conflicts of 
     interest by members of dispute settlement panels and the 
     Appellate Body, and promoting the selection of such members 
     with the skills and time necessary to decide increasingly 
     complex cases.
       (I) To pursue the establishment of formal procedures under 
     which dispute settlement panels, the Appellate Body, and the 
     Dispute Settlement Body seek advice from other fora of 
     competent jurisdiction, such as the International Court of 
     Justice, the ILO, representative bodies established under 
     international environmental agreements, and scientific 
     experts.
       (J) To ensure application of the requirement that dispute 
     settlement panels and the Appellate Body apply the standard 
     of review established in Article 17.6 of the Antidumping 
     Agreement and clarify that this standard of review should 
     apply to cases under the Agreement on Subsidies and 
     Countervailing Measures and the Agreement on Safeguards.
       (7) Sanitary and phytosanitary measures.--The principal 
     negotiating objectives of the United States with respect to 
     sanitary and phytosanitary measures are the following:
       (A) To oppose reopening of the Agreement on the Application 
     of Sanitary and Phytosanitary Measures.
       (B) To affirm the compatibility of trade rules with 
     measures to protect human health, animal health, and the 
     phytosanitary situation of each WTO member by doing the 
     following:
       (i) Reaffirming that a decision of a WTO member not to 
     adopt an international standard for the basis of a sanitary 
     or phytosanitary measure does not in itself create a 
     presumption of inconsistency with the Agreement on the 
     Application of Sanitary and Phytosanitary Measures, and that 
     the initial burden of proof rests with the complaining party, 
     as set forth in the determination of the Appellate Body in
     EC Measures Concerning Meat and
     Meat Products (Hormones), AB-1997-4,
     WT/DS26/AB/R, January 16, 1998.
       (ii) Reaffirming that WTO members may take provisional 
     sanitary or phytosanitary measures where the relevant 
     scientific evidence is insufficient, so long as such measures 
     are based on available pertinent information, and members 
     taking such provisional measures seek to obtain the 
     additional information necessary to complete a risk 
     assessment within a reasonable period of time. For purposes 
     of this clause, a reasonable period of time includes 
     sufficient time to evaluate the potential for adverse effects 
     on human or animal health arising from the presence of 
     additives, contaminants, toxins, or disease-causing organisms 
     in food, beverages, or feedstuffs.
       (8) Technical barriers to trade.--The principal negotiating 
     objectives of the United States with respect to technical 
     barriers to trade are the following:
       (A) To oppose reopening of the Agreement on Technical 
     Barriers to Trade.
       (B) Recognizing the legitimate role of labeling that 
     provides relevant information to consumers, to ensure that 
     labeling regulations and standards do not have the effect of 
     creating an unnecessary obstacle to trade or are used as a 
     disguised barrier to trade by increasing transparency in the 
     preparation, adoption, and application of labeling 
     regulations and standards.
       (9) Trade-related aspects of intellectual property 
     rights.--The principal negotiating objectives of the United 
     States with respect to trade-related aspects of intellectual 
     property rights are the following:
       (A) To oppose extension of the date by which WTO members 
     that are developing countries must implement their 
     obligations under the Agreement on Trade Related Aspects of 
     Intellectual Property Rights (in this section also referred 
     to as the ``TRIPs Agreement''), pursuant to paragraph 2 of 
     Article 65 of that agreement.
       (B) To oppose extension of the moratorium on the 
     application of subparagraphs 1(b) and 1(c) of Article XXIII 
     of the GATT 1994 to the settlement of disputes under the 
     TRIPs Agreement, pursuant to paragraph 2 of Article 64 of the 
     TRIPs Agreement.
       (C) To oppose any weakening of existing obligations of WTO 
     members under the TRIPs Agreement.
       (D) To ensure that standards of protection and enforcement 
     keep pace with technological developments, including ensuring 
     that rightholders have the legal and technological means to 
     control the use of their works through the Internet and other 
     global communication media, and to prevent the unauthorized 
     use of their works.
       (E) To prevent misuse of reference pricing classification 
     systems by developed countries as a way to discriminate 
     against innovative pharmaceutical products and innovative 
     medical devices, without challenging legitimate reference 
     pricing systems not used as a disguised restriction on trade.
       (F)(i) To clarify that under Article 31 of the TRIPs 
     Agreement WTO members are able to adopt measures necessary to 
     protect the public health and to respond to situations of 
     national emergency or extreme urgency, including by taking 
     actions that have the effect of increasing access to 
     essential medicines and medical technologies.
       (ii) In situations involving infectious diseases, to 
     encourage WTO members that take actions described under 
     clause (i) to also implement policies--
       (I) to address the underlying causes necessitating the 
     actions, including, in the case of infectious diseases, 
     encouraging practices that will prevent further transmission 
     and infection;
       (II) to take steps to stimulate the development of the 
     infrastructure necessary to deliver adequate health care 
     services, including the essential medicines and medical 
     technologies at issue;
       (III) to ensure the safety and efficacy of the essential 
     medicines and medical technologies involved; and
       (IV) to make reasonable efforts to address the problems of 
     supply of the essential medicines and medical technologies 
     involved (other than by compulsory licensing), consistent 
     with the obligation set forth in Article 31 of the TRIPs 
     Agreement.
       (iii) To encourage members of the Organization for Economic 
     Cooperation and Development and the private sectors in their 
     countries to work with the United Nations, the World Health 
     Organization, and other

[[Page S4411]]

     relevant international organizations, including humanitarian 
     relief organizations, to assist least-developed and 
     developing countries, in all possible ways, in increasing 
     access to essential medicines and medical technologies 
     including through donations, sales at cost, funding of global 
     medicines trust funds, and developing and implementing 
     prevention efforts and health care infrastructure projects.
       (10) Transparency.--The principal negotiating objectives of 
     the United States with respect to transparency are the 
     following:
       (A) To pursue the negotiation of an agreement--
       (i) requiring that government laws, rules, and 
     administrative and judicial decisions be published and made 
     available to the public so that governments, businesses, and 
     the public have adequate notice of them;
       (ii) requiring adequate notice before new rules are 
     promulgated or existing rules amended;
       (iii) encouraging governments to open rulemaking to public 
     comment;
       (iv) establishing that any administrative proceeding 
     conducted by the government of any WTO member relating to any 
     of the WTO Agreements and applied to the persons, goods, or 
     services of any other WTO member shall be conducted in a 
     manner that--

       (I) gives persons of any other WTO member affected by the 
     proceeding reasonable notice, in accordance with domestic 
     procedures, of when the proceeding is initiated, including a 
     description of the nature of the proceeding, a statement of 
     the legal authority under which the proceeding is initiated, 
     and a general description of any issues in controversy;
       (II) gives such persons a reasonable opportunity to present 
     facts and arguments in support of their positions prior to 
     any final administrative action, when time, the nature of the 
     proceeding, and the public interest permit; and
       (III) is in accordance with domestic law; and

       (v) requiring each WTO member--

       (I) to establish or maintain judicial, quasi-judicial, or 
     administrative tribunals (impartial and independent of the 
     office or authority entrusted with administrative 
     enforcement) or procedures for the purpose of the prompt 
     review and, where warranted, correction of final 
     administrative actions regarding matters covered by any of 
     the WTO Agreements;
       (II) to ensure that, in such tribunals or procedures, 
     parties to the proceeding are afforded a reasonable 
     opportunity to support or defend their respective positions; 
     and
       (III) to ensure that such tribunals or procedures issue 
     decisions based on the evidence and submissions of record or, 
     where required by domestic law, the record compiled by the 
     office or authority entrusted with administrative 
     enforcement.

       (B) To pursue a commitment by all WTO members to improve 
     the public's understanding of and access to the WTO and its 
     related agreements by--
       (i) encouraging the Secretariat of the WTO to enhance the 
     WTO website by providing improved access to a wider array of 
     WTO documents and information on the trade regimes of, and 
     other relevant information on, WTO members;
       (ii) promoting public access to council and committee 
     meetings by ensuring that agendas and meeting minutes 
     continue to be made available to the public;
       (iii) ensuring that WTO documents that are most informative 
     of WTO activities are circulated on an unrestricted basis or, 
     if classified, are made available to the public more quickly;
       (iv) seeking the institution of regular meetings between 
     WTO officials and representatives of nongovernmental 
     organizations, businesses and business groups, labor unions, 
     consumer groups, and other representatives of civil society; 
     and
       (v) supporting the creation of a committee within the WTO 
     to oversee implementation of the agreement reached under this 
     paragraph.
       (11) Government procurement.--The principal negotiating 
     objectives of the United States with respect to government 
     procurement are the following:
       (A) To seek to expand the membership of the Agreement on 
     Government Procurement.
       (B) To seek conclusion of a WTO agreement on transparency 
     in government procurement.
       (C) To promote global use of electronic publication of 
     procurement information, including notices of procurement 
     opportunities.
       (12) Trade remedy laws.--The principal negotiating 
     objectives of the United States with respect to trade remedy 
     laws are the following:
       (A) To preserve the ability of the United States to enforce 
     vigorously its trade laws, including the antidumping, 
     countervailing duty, and safeguard laws, and, in order to 
     ensure that United States workers, farmers and agricultural 
     producers, and firms can compete fully on fair terms and 
     enjoy the benefits of reciprocal trade concessions, not enter 
     into agreements that lessen in any respect the effectiveness 
     of domestic and international disciplines--
       (i) on unfair trade, especially dumping and subsidies, or
       (ii) that address import increases or surges, such as under 
     the safeguard remedy.
       (B) To eliminate the underlying causes of unfair trade 
     practices and import surges, including closed markets, 
     subsidization, government practices promoting, enabling, or 
     tolerating anticompetitive practices, and other forms of 
     government intervention that generate or sustain excess, 
     uneconomic capacity.
       (13) Trade and labor market standards.--The principal 
     negotiating objectives of the United States with respect to 
     trade and labor market standards are the following:
       (A) To achieve a framework of enforceable multilateral 
     rules as soon as practicable that leads to the adoption and 
     enforcement of core, internationally recognized labor 
     standards, including in the WTO and, as appropriate, other 
     international organizations, including the ILO.
       (B) To update Article XX of the GATT 1994, and Article XIV 
     of the GATS in relation to core internationally recognized 
     worker rights, including in regard to actions of WTO members 
     taken consistent with and in furtherance of recommendations 
     made by the ILO under Article 33 of the Constitution of the 
     ILO.
       (C) To establish promptly a working group on trade and 
     labor issues--
       (i) to explore the linkage between international trade and 
     investment and internationally recognized worker rights (as 
     defined in section 502(a)(4) of the Trade Act of 1974), 
     taking into account differences in the level of development 
     among countries;
       (ii) to examine the effects on international trade and 
     investment of the systematic denial of those worker rights;
       (iii) to consider ways to address such effects; and
       (iv) to develop methods to coordinate the work program of 
     the working group with the ILO.
       (D) To provide for regular review of adherence to core 
     labor standards in the Trade Policy Review Mechanism 
     established in Annex 3 to the WTO Agreement.
       (E) To establish a working relationship between the WTO and 
     the ILO--
       (i) to identify opportunities in trade-affected sectors of 
     the economies of WTO members to improve enforcement of 
     internationally recognized core labor standards;
       (ii) to provide WTO members with technical and legal 
     assistance in developing and enforcing internationally 
     recognized core labor standards; and
       (iii) to provide technical assistance to the WTO to assist 
     with the Trade Policy Review Mechanism.
       (14) Trade and the environment.--The principal negotiating 
     objectives of the United States with respect to trade and the 
     environment are the following:
       (A) To strengthen the role of the Committee on Trade and 
     Environment of the WTO, including providing that the 
     Committee would--
       (i) review and comment on negotiations; and
       (ii) review potential effects on the environment of WTO 
     Agreements and future agreements of the WTO on liberalizing 
     trade in natural resource products.
       (B) To provide for regular review of adherence to 
     environmental standards in the Trade Policy Review Mechanism 
     of the WTO.
       (C) To clarify exceptions under Article XX (b) and (g) of 
     the GATT 1994 to ensure effective protection of human, 
     animal, or plant life or health, and conservation of 
     exhaustible natural resources.
       (D) To amend Article XX of the GATT 1994 and Article XIV of 
     the GATS to include an explicit exception for actions taken 
     that are in accordance with those obligations under any 
     multilateral environmental agreement accepted by both parties 
     to a dispute.
       (E) To amend Article XIV of the GATS to include an 
     exception for measures relating to the conservation of 
     exhaustible natural resources if such measures are made 
     effective in conjunction with restrictions on domestic 
     production or consumption.
       (F) To give priority to trade liberalization measures that 
     promote sustainable development, including eliminating duties 
     on environmental goods, and obtaining commitments on 
     environmental services.
       (G) To reduce subsidies in natural resource sectors 
     (including fisheries and forest products) and export 
     subsidies in agriculture.
       (H) To improve coordination between the WTO and relevant 
     international environmental organizations in the development 
     of multilaterally accepted principles for sustainable 
     development, including sustainable forestry and fishery 
     practices.
       (15) Institution building.--The principal negotiating 
     objectives of the United States with respect to institution 
     building are the following:
       (A) To strengthen institutional mechanisms within the WTO 
     that facilitate dialogue and coordinate activities between 
     nongovernmental organizations and the WTO.
       (B) To seek greater transparency of WTO processes and 
     procedures for all WTO members by--
       (i) promoting the improvement of internal communication 
     between the Secretariat and all WTO members; and
       (ii) establishing points of contact to facilitate 
     communication between WTO members on any matter covered by 
     the WTO Agreements.
       (C) To improve coordination between the WTO and other 
     international organizations such as the International Bank 
     for Reconstruction and Development, the International 
     Monetary Fund, the ILO, the Organization for Economic 
     Cooperation and Development, the United Nations Conference on 
     Trade and Development, and the United Nations Environment 
     Program to increase

[[Page S4412]]

     the effectiveness of technical assistance programs.
       (D) To increase the efforts of the WTO, both on its own and 
     through partnerships with other institutions, to provide 
     technical assistance to developing countries, particularly 
     least-developed countries, to promote the rule of law, to 
     assist those countries in complying with their obligations 
     under the World Trade Organization agreements, and to address 
     the full range of challenges arising from implementation of 
     such obligations.
       (E) To improve the Trade Policy Review Mechanism of the WTO 
     to cover a wider array of trade-related issues.
       (16) Trade and investment.--The principal negotiating 
     objectives of the United States with respect to trade and 
     investment are the following:
       (A) To pursue further reduction of trade-distorting 
     investment measures, including--
       (i) by pursuing agreement to ensure the free transfer of 
     funds related to investments;
       (ii) by pursuing reduction or elimination of the exceptions 
     to the principle of national treatment; and
       (iii) by pursuing amendment of the illustrative list 
     annexed to the WTO Agreement on Trade-Related Investment 
     Measures (in this section also referred to as the ``TRIMs 
     Agreement'') to include forced technology transfers, 
     performance requirements, minimum investment levels, forced 
     licensing of intellectual property, or other unreasonable 
     barriers to the establishment or operation of investments as 
     measures that are inconsistent with the obligation of 
     national treatment provided for in paragraph 4 of Article III 
     of the GATT 1994 or the obligation of general elimination of 
     quantitative restrictions provided for in paragraph 1 of 
     Article XI of the GATT 1994.
       (B) To seek to strengthen the enforceability of and 
     compliance with the TRIMs Agreement.
       (17) Electronic commerce.--The principal negotiating 
     objectives of the United States with respect to electronic 
     commerce are the following:
       (A) Make permanent and binding the moratorium on customs 
     duties on electronic transmissions declared in the WTO 
     Ministerial Declaration of May 20, 1998.
       (B) Ensure that current obligations, rules, disciplines, 
     and commitments under the WTO apply to electronically 
     delivered goods and services.
       (C) Ensure that the classification of electronically 
     delivered goods and services ensures the most liberal trade 
     treatment possible.
       (D) Ensure that electronically delivered goods and services 
     receive no less favorable treatment under WTO trade rules and 
     commitments than like products delivered in physical form.
       (E) Ensure that governments refrain from implementing 
     trade-related measures that impede electronic commerce.
       (F) Where legitimate policy objectives require domestic 
     regulations that affect electronic commerce, to obtain 
     commitments that any such regulations are nondiscriminatory, 
     transparent, and promote an open market environment.
       (G) Pursue a procompetitive regulatory environment for 
     basic and value-added telecommunications services abroad, so 
     as to facilitate the conduct of electronic commerce.
       (H) Focus any future WTO work program on electronic 
     commerce on educating WTO members regarding the benefits of 
     electronic commerce and on facilitating the liberalization of 
     trade barriers in areas that directly impede the conduct of 
     electronic commerce.
       (18) Developing countries.--The principal negotiating 
     objectives of the United States with respect to developing 
     countries are the following:
       (A) To enter into trade agreements that promote the 
     economic growth of both developing countries and the United 
     States and the mutual expansion of market opportunities.
       (B) To ensure appropriate phase-in periods with respect to 
     the obligations of least-developed countries.
       (C) To coordinate with the World Bank, the International 
     Monetary Fund, and other international institutions to 
     provide debt relief and other assistance to promote the rule 
     of law and sound and sustainable development.
       (D) To accelerate tariff reductions that benefit least-
     developed countries.
       (19) Current account surpluses.--The principal negotiating 
     objective of the United States with respect to current 
     account surpluses is to develop rules to address large and 
     persistent global current account imbalances of countries, 
     including imbalances that threaten the stability of the 
     international trading system, by imposing greater 
     responsibility on such countries to undertake policy changes 
     aimed at restoring current account equilibrium, including 
     expedited implementation of trade agreements where feasible 
     and appropriate or by offering debt repayment on concessional 
     terms.
       (20) Trade and monetary coordination.--The principal 
     negotiating objective of the United States with respect to 
     trade and monetary coordination is to foster stability in 
     international currency markets and develop mechanisms to 
     assure greater coordination, consistency, and cooperation 
     between international trade and monetary systems and 
     institutions in order to protect against the trade 
     consequences of significant and unanticipated currency 
     movements.
       (21) Access to high technology.--The principal negotiating 
     objectives of the United States with respect to access to 
     high technology are the following:
       (A) To obtain the elimination or reduction of foreign 
     barriers to, and of acts, policies, or practices by foreign 
     governments which limit, equitable access by United States 
     persons to foreign-developed technology.
       (B) To seek the elimination of tariffs on all information 
     technology products, infrastructure equipment, scientific 
     instruments, and medical equipment.
       (C) To pursue the reduction of foreign barriers to high 
     technology products of the United States.
       (D) To enforce and promote the Agreement on Technical 
     Barriers to Trade, and ensure that standards, conformity 
     assessments, and technical regulations are not used as 
     obstacles to trade in information technology and 
     communications products.
       (E) To require all WTO members to sign the Information 
     Technology Agreement of the WTO, and to expand and update 
     product coverage under that agreement.
       (22) Corruption.--The principal negotiating objectives of 
     the United States with respect to the use of money or other 
     things of value to influence acts, decisions, or omissions of 
     foreign governments or officials or to secure any improper 
     advantage in a manner affecting trade are the following:
       (A) To obtain standards applicable to persons from all 
     countries participating in the applicable trade agreement 
     that are equivalent to, or more restrictive than, the 
     prohibitions applicable to issuers, domestic concerns, and 
     other persons under section 30A of the Securities and 
     Exchange Act of 1934 and sections 104 and 104A of the Foreign 
     Corrupt Practices Act of 1977.
       (B) To implement mechanisms to ensure effective enforcement 
     of the standards described in subparagraph (A).
       (23) Implementation of existing commitments and improvement 
     of the wto and the wto agreements.--The principal negotiating 
     objectives of the United States with respect to 
     implementation of existing commitments under the WTO are the 
     following:
       (A) To ensure that all WTO members comply fully with 
     existing obligations under the WTO according to existing 
     commitments and timetables.
       (B) To strengthen the ability of the Trade Policy Review 
     Mechanism within the WTO to review implementation by WTO 
     members of commitments under the WTO.
       (C) To undertake diplomatic and, as appropriate, dispute 
     settlement efforts to promote compliance with commitments 
     under the WTO.
       (D) To extend the coverage of the WTO Agreements to 
     products, sectors, and conditions of trade not adequately 
     covered.
       (c) Negotiating Objectives for the FTAA.--The principal 
     negotiating objectives of the United States in seeking a 
     trade agreement establishing a Free Trade Area for the 
     Americas are the following:
       (1) Reciprocal trade in agriculture.--The principal 
     negotiating objective of the United States with respect to 
     agriculture is to obtain competitive opportunities for United 
     States exports of agricultural commodities in foreign markets 
     equal to the competitive opportunities afforded foreign 
     exports in United States markets and to achieve fairer and 
     more open conditions of trade in bulk, specialty crop, and 
     value-added commodities by doing the following:
       (A) Reducing or eliminating, by a date certain, tariffs or 
     other charges that decrease market opportunities for United 
     States exports, giving priority to those products that are 
     subject to significantly higher tariffs or subsidy regimes of 
     major producing countries and providing reasonable adjustment 
     periods for import sensitive products of the United States, 
     in close consultation with Congress.
       (B) Eliminating disparities between applied and bound 
     tariffs by reducing bound tariff levels.
       (C) Enhancing the transparency of tariff regimes.
       (D) Tightening disciplines governing the administration of 
     tariff rate quotas.
       (E) Establishing mechanisms to prevent agricultural 
     products from being exported to FTAA members by countries 
     that are not FTAA members with the aid of export subsidies.
       (F) Maintaining bona fide food aid programs.
       (G) Allowing the preservation of programs that support 
     family farms and rural communities but do not distort trade.
       (H) Eliminating state trading enterprises or, at a minimum, 
     adopting rigorous disciplines that ensure transparency in the 
     operations of such enterprises, including price transparency, 
     competition, and the end of discriminatory practices, 
     including policies supporting cross-subsidization, price 
     discrimination, and price undercutting in export markets.
       (I) Eliminating technology-based discrimination against 
     agricultural commodities, and ensuring that the rules 
     negotiated do not weaken rights and obligations under the 
     Agreement on the Application of Sanitary and Phytosanitary 
     Measures.
       (J) Eliminating practices that adversely affect trade in 
     perishable or seasonal products, while improving import 
     relief mechanisms to recognize the unique characteristics of 
     perishable and seasonal agriculture. Before proceeding with 
     negotiations with respect to agriculture, the Trade 
     Representative, in consultation with the Congress, shall seek 
     to develop a position on the treatment

[[Page S4413]]

     of perishable and seasonal food products to be employed in 
     the negotiations in order to develop a consensus on the 
     treatment of such products in dumping or safeguard actions 
     and in any other relevant area.
       (K) Taking into account whether a party to the negotiations 
     has failed to adhere to the provisions of already existing 
     trade agreements with the United States or has circumvented 
     obligations under those agreements.
       (L) Taking into account whether a product is subject to 
     market distortions by reason of a failure of a major 
     producing country to adhere to the provisions of already 
     existing trade agreements with the United States or by the 
     circumvention by that country of its obligations under those 
     agreements.
       (M) Taking into account the impact that agreements covering 
     agriculture to which the United States is a party, including 
     NAFTA, have on the United States agricultural industry.
       (2) Trade in services.--The principal negotiating objective 
     of the United States with respect to trade in services is to 
     achieve, to the maximum extent possible, the elimination of 
     barriers to, or other distortions of, trade in services in 
     all modes of supply and across the broadest range of service 
     sectors by doing the following:
       (A) Pursuing agreement to treat negotiation of trade in 
     services in a negative list manner whereby commitments will 
     cover all services and all modes of supply unless particular 
     services or modes of supply are expressly excluded.
       (B) Achieving maximum liberalization of market access in 
     all modes of supply, including by removing restrictions on 
     the legal form of an investment or on the right to own all or 
     a majority share of a service supplier, subject to national 
     security exceptions.
       (C) Removing regulatory and other barriers that deny 
     national treatment, or unreasonably restrict the 
     establishment or operations of service suppliers in foreign 
     markets.
       (D) Eliminating additional barriers to trade in services, 
     including restrictions on access to services distribution 
     networks and information systems, unreasonable or 
     discriminatory licensing requirements, administration of 
     cartels or toleration of anticompetitive activity, 
     unreasonable delegation of regulatory powers to private 
     entities, and similar government acts, measures, or policies 
     affecting the sale, offering for sale, purchase, 
     distribution, or use of services that have the effect of 
     restricting access of services and service suppliers to a 
     foreign market.
       (E) Grandfathering existing concessions and liberalization 
     commitments.
       (F) Pursuing the strongest possible obligations to ensure 
     that regulation of services and service suppliers in all 
     respects, including by rulemaking, license-granting, 
     standards-setting, and through judicial, administrative, and 
     arbitral proceedings, is conducted in a transparent, 
     reasonable, objective, and impartial manner and is otherwise 
     consistent with principles of due process.
       (G) Strongly opposing cultural exceptions to services 
     obligations, especially relating to audiovisual services and 
     service providers.
       (H) Preventing discrimination against a like service when 
     delivered through electronic means.
       (I) Pursuing full market access and national treatment 
     commitments for services sectors essential to supporting 
     electronic commerce.
       (J) Broadening and deepening existing commitments by other 
     countries relating to basic and value-added 
     telecommunications, including by--
       (i) strengthening obligations and the implementation of 
     obligations to ensure competitive, nondiscriminatory access 
     to public telecommunication networks and services for 
     Internet service providers and other value-added service 
     providers; and
       (ii) preventing anticompetitive behavior by major 
     suppliers, including service suppliers that are either 
     government owned or controlled or recently government owned 
     or controlled.
       (K) Broadening and deepening existing commitments of other 
     countries relating to financial services.
       (3) Trade in manufactured and nonagricultural goods.--The 
     principal negotiating objectives of the United States with 
     respect to trade in manufactured and nonagricultural goods 
     are the following:
       (A) To eliminate disparities between applied and bound 
     tariffs by reducing bound tariff levels.
       (B) To negotiate an agreement that includes reciprocal 
     commitments to eliminate duties in sectors in which tariffs 
     are currently approaching zero.
       (C) To eliminate tariff and nontariff disparities remaining 
     from previous rounds of multilateral trade negotiations that 
     have put United States exports at a competitive disadvantage 
     in world markets, especially tariff and nontariff barriers in 
     foreign countries in those sectors where the United States 
     imposes no significant barriers to imports and where foreign 
     tariff and nontariff barriers are substantial.
       (D) To obtain the reduction or elimination of tariffs on 
     value-added products that provide a disproportionate level of 
     protection compared to that provided to raw materials.
       (E) To eliminate additional nontariff barriers to trade, 
     including--
       (i) anticompetitive restrictions on access to product 
     distribution networks and information systems;
       (ii) unreasonable or discriminatory inspection processes;
       (iii) the administration of cartels, or the promotion, 
     enabling, or toleration of anticompetitive activity;
       (iv) unreasonable delegation of regulatory powers to 
     private entities;
       (v) unreasonable or discriminatory licensing requirements; 
     and
       (vi) similar government acts, measures, or policies 
     affecting the sale, offering for sale, purchase, 
     transportation, distribution, or use of goods that have the 
     effect of restricting access of goods to a foreign market.
       (4) Dispute settlement.--The principal negotiating 
     objectives of the United States with respect to dispute 
     settlement are the following:
       (A) To provide for a single effective and expeditious 
     dispute settlement mechanism and set of procedures that 
     applies to all FTAA agreements.
       (B) To ensure that dispute settlement mechanisms enable 
     effective enforcement of the rights of the United States, 
     including by providing, in all contexts, for the use of all 
     remedies that are demonstrably effective to promote prompt 
     and full compliance with the decision of a dispute settlement 
     panel.
       (C) To provide rules that promote cooperation by the 
     governments of FTAA members in producing evidence in 
     connection with dispute settlement proceedings, including 
     copies of laws, regulations, and other measures that are the 
     subject of or are directly relevant to the dispute, other 
     than evidence that is classified on the basis of national 
     security, and evidence that is business confidential.
       (D) To require that all submissions by governments to FTAA 
     dispute panels and any appellate body be made available to 
     the public upon submission, providing appropriate exceptions 
     for only that information included in a submission that is 
     classified on the basis of national security or that is 
     business confidential.
       (E) To require that meetings of FTAA dispute panels and any 
     appellate body with the parties to a dispute are open to 
     other FTAA members and the public and provide for in camera 
     treatment of only those portions of a proceeding dealing with 
     evidence that is classified on the basis of national security 
     or that is business confidential.
       (F) To require that transcripts of proceedings of FTAA 
     dispute panels and any appellate body be made available to 
     the public promptly, providing appropriate exceptions for 
     only that information included in the transcripts that is 
     classified on the basis of national security or that is 
     business confidential.
       (G) To establish rules allowing for the submission of 
     amicus curiae briefs to FTAA dispute panels and any appellate 
     body, and to require that such briefs be made available to 
     the public, providing appropriate exceptions for only that 
     information included in the briefs that is classified on the 
     basis of national security or that is business confidential.
       (H) To pursue rules protecting against conflicts of 
     interest by members of FTAA dispute panels and any appellate 
     body, and promoting the selection of members for such panels 
     and appellate body with the skills and time necessary to 
     decide increasingly complex cases.
       (I) To pursue the establishment of formal procedures under 
     which the FTAA dispute panels and any appellate body seek 
     advice from other fora of competent jurisdiction, such as the 
     International Court of Justice, ILO, representative bodies 
     established under international environmental agreements, and 
     scientific experts.
       (5) Trade-related aspects of intellectual property 
     rights.--The principal negotiating objectives of the United 
     States with respect to trade-related aspects of intellectual 
     property rights are the following:
       (A) To ensure that the provisions of a regional trade 
     agreement governing intellectual property rights that is 
     entered into by the United States reflects a standard of 
     protection similar to that found in United States law.
       (B) To provide strong protection for new and emerging 
     technologies and new methods of transmitting and distributing 
     products embodying intellectual property.
       (C) To prevent or eliminate discrimination with respect to 
     matters affecting the availability, acquisition, scope, 
     maintenance, use, and enforcement of intellectual property 
     rights.
       (D) To ensure that standards of protection and enforcement 
     keep pace with technological developments, including ensuring 
     that rightholders have the legal and technological means to 
     control the use of their works through the Internet and other 
     global communication media, and to prevent the unauthorized 
     use of their works.
       (E) To provide strong enforcement of intellectual property 
     rights, including through accessible, expeditious, and 
     effective civil, administrative, and criminal enforcement 
     mechanisms.
       (F) To secure fair, equitable and nondiscriminatory market 
     access opportunities for United States persons that rely upon 
     intellectual property protection.
       (G) To prevent misuse of reference pricing classification 
     systems by developed countries as a way to discriminate 
     against innovative pharmaceutical products and innovative 
     medical devices, without challenging valid reference pricing 
     systems not used as a disguised restriction on trade.

[[Page S4414]]

       (H)(i) To ensure that FTAA members are able to adopt 
     measures necessary to protect the public health and to 
     respond to situations of national emergency or extreme 
     urgency, including taking actions that have the effect of 
     increasing access to essential medicines and medical 
     technologies, where such actions are consistent with 
     obligations set forth in Article 31 of the TRIPs Agreement.
       (ii) In situations involving infectious diseases, to 
     encourage FTAA members that take actions described under 
     clause (i) to also implement policies--
       (I) to address the underlying causes necessitating the 
     actions, including, in the case of infectious diseases, 
     encouraging practices that will prevent further transmission 
     and infection;
       (II) to take steps to stimulate the development of the 
     infrastructure necessary to deliver adequate health care 
     services, including the essential medicines and medical 
     technologies at issue;
       (III) to ensure the safety and efficacy of the essential 
     medicines and medical technologies involved; and
       (IV) to make reasonable efforts to address the problems of 
     supply of the essential medicines and medical technologies 
     involved (other than by compulsory licensing).
       (iii) To encourage FTAA members and the private sectors in 
     their countries to work with the United Nations, the World 
     Health Organization, the Inter-American Development Bank, the 
     Organization of American States, and other relevant 
     international organizations, including humanitarian relief 
     organizations, to assist least-developed and developing 
     countries in the region in increasing access to essential 
     medicines and medical technologies through donations, sales 
     at cost, funding or global medicines trust funds, and 
     developing and implementing prevention efforts and health 
     care infrastructure projects.
       (6) Transparency.--The principal negotiating objectives of 
     the United States with respect to transparency are the 
     following:
       (A) To pursue the negotiation of an agreement--
       (i) requiring that government laws, rules, and 
     administrative and judicial decisions be published and made 
     available to the public so that governments, businesses and 
     the public have adequate notice of them;
       (ii) requiring adequate notice before new rules are 
     promulgated or existing rules amended;
       (iii) encouraging governments to open rulemaking to public 
     comment;
       (iv) establishing that any administrative proceeding by any 
     FTAA member relating to any of the FTAA agreements and 
     applied to the persons, goods, or services of any other FTAA 
     member shall be conducted in a manner that--

       (I) gives persons of any other FTAA member affected by the 
     proceeding reasonable notice, in accordance with domestic 
     procedures, of when the proceeding is initiated, including a 
     description of the nature of the proceeding, a statement of 
     the legal authority under which the proceeding is initiated, 
     and a general description of any issues in controversy;
       (II) gives such persons a reasonable opportunity to present 
     facts and arguments in support of their positions prior to 
     any final administrative action, when time, the nature of the 
     proceeding, and the public interest permit; and
       (III) is in accordance with domestic law; and

       (v) requiring each FTAA member--

       (I) to establish or maintain judicial, quasi-judicial, or 
     administrative tribunals (impartial and independent of the 
     office or authority entrusted with administrative 
     enforcement) or procedures for the purpose of the prompt 
     review and, where warranted, correction of final 
     administrative actions regarding matters covered by any of 
     the FTAA agreements;
       (II) to ensure that, in such tribunals or procedures, 
     parties to the proceeding are afforded a reasonable 
     opportunity to support or defend their respective positions; 
     and
       (III) to ensure that such tribunals or procedures issue 
     decisions based on the evidence and submissions of record or, 
     where required by domestic law, the record compiled by the 
     office or authority entrusted with administrative 
     enforcement.

       (B) To require the institution of regular meetings between 
     officials of an FTAA secretariat, if established, and 
     representatives of nongovernmental organizations, businesses 
     and business groups, labor unions, consumer groups, and other 
     representatives of civil society.
       (C) To continue to maintain, expand, and update an official 
     FTAA website in order to disseminate a wide range of 
     information on the FTAA, including the draft texts of the 
     agreements negotiated pursuant to the FTAA, the final text of 
     such agreements, tariff information, regional trade 
     statistics, and links to websites of FTAA member countries 
     that provide further information on government regulations, 
     procedures, and related matters.
       (7) Government procurement.--The principal negotiating 
     objectives for the United States with respect to government 
     procurement are the following:
       (A) To seek the acceptance by all FTAA members of the 
     Agreement on Government Procurement.
       (B) To seek conclusion of an agreement on transparency in 
     government procurement.
       (C) To promote global use of electronic publication of 
     procurement information, including notices of procurement 
     opportunities.
       (8) Trade remedy laws.--The principal negotiating 
     objectives for the United States with respect to trade remedy 
     laws are the following:
       (A) To preserve the ability of the United States to enforce 
     vigorously its trade laws, including the antidumping, 
     countervailing duty, and safeguard laws, and not enter into 
     agreements that lessen in any respect the effectiveness of 
     domestic and international disciplines--
       (i) on unfair trade, especially dumping and subsidies, or
       (ii) that address import increases or surges, such as under 
     the safeguard remedy,
      in order to ensure that United States workers, farmers and 
     agricultural producers, and firms can compete fully on fair 
     terms and enjoy the benefits of reciprocal trade concessions.
       (B) To eliminate the underlying causes of unfair trade 
     practices and import surges, including closed markets, 
     subsidization, promoting, enabling, or tolerating 
     anticompetitive practices, and other forms of government 
     intervention that generate or sustain excess, uneconomic 
     capacity.
       (9) Trade and labor market standards.--The principal 
     negotiating objectives of the United States with respect to 
     trade and labor market standards are the following:
       (A) To include enforceable rules that provide for the 
     adoption and enforcement of the following core labor 
     standards: the right of association, the right to bargain 
     collectively, and prohibitions on employment discrimination, 
     child labor, and slave labor.
       (B)(i) To establish as the trigger for invoking the dispute 
     settlement process with respect to the obligations under 
     subparagraph (A)--
       (I) an FTAA member's failure to effectively enforce its 
     domestic labor standards through a sustained or recurring 
     course of action or inaction, in a manner affecting trade or 
     investment; or
       (II) an FTAA member's waiver or other derogation from its 
     domestic labor standards for the purpose of attracting 
     investment, inhibiting exports by other FTAA members, or 
     otherwise gaining a competitive advantage; and
       (ii) to recognize that--
       (I) FTAA members retain the right to exercise discretion 
     with respect to investigatory, prosecutorial, regulatory, and 
     compliance matters and to make decisions regarding the 
     allocation of resources to enforcement with respect to other 
     labor matters determined to have higher priorities; and
       (II) FTAA members retain the right to establish their own 
     domestic labor standards, and to adopt or modify accordingly 
     labor policies, laws, and regulations, in a manner consistent 
     with the core labor standards identified in subparagraph (A).
       (C) To provide for phased-in compliance for least-developed 
     countries comparable to mechanisms utilized in other FTAA 
     agreements.
       (D) To create an FTAA work program that--
       (i) will provide guidance and technical assistance to FTAA 
     members in supplementing and strengthening their labor laws 
     and regulations, including, in particular, laws and 
     regulations relating to the core labor standards identified 
     in subparagraph (A); and
       (ii) includes commitments by FTAA members to provide market 
     access incentives for the least-developed FTAA members to 
     improve adherence to and enforcement of the core labor 
     standards identified in subparagraph (A), and to meet their 
     schedule for phased-in compliance on or ahead of schedule.
       (E) To provide for regular review of adherence to core 
     labor standards.
       (F) To create exceptions from the obligations under the 
     FTAA agreements for--
       (i) products produced by prison labor or slave labor, and 
     products produced by child labor proscribed by Convention 182 
     of the ILO; and
       (ii) actions taken consistent with, and in furtherance of, 
     recommendations made by the ILO.
       (10) Trade and the environment.--The principal negotiating 
     objectives of the United States with respect to trade and the 
     environment are the following:
       (A) To obtain rules that provide for the enforcement of 
     environmental laws and regulations relating to--
       (i) the prevention, abatement, or control of the release, 
     discharge, or emission of pollutants or environmental 
     contaminants;
       (ii) the control of environmentally hazardous or toxic 
     chemicals, substances, materials and wastes, and the 
     dissemination of information related thereto; and
       (iii) the protection of wild flora or fauna, including 
     endangered species, their habitats, and specially protected 
     natural areas, in the territory of FTAA member countries.
       (B)(i) To establish as the trigger for invoking the dispute 
     settlement process--
       (I) an FTAA member's failure to effectively enforce such 
     laws and regulations through a sustained or recurring course 
     of action or inaction, in a manner affecting trade or 
     investment; or
       (II) an FTAA member's waiver or other derogation from its 
     domestic environmental laws and regulations, for the purpose 
     of attracting investment, inhibiting exports by other FTAA 
     members, or otherwise gaining a competitive advantage; and
       (ii) to recognize that--

[[Page S4415]]

       (I) FTAA members retain the right to exercise discretion 
     with respect to investigatory, prosecutorial, regulatory, and 
     compliance matters and to make decisions regarding the 
     allocation of resources to enforcement with respect to other 
     environmental matters determined to have higher priorities; 
     and
       (II) FTAA members retain the right to establish their own 
     levels of domestic environmental protection and environmental 
     development policies and priorities, and to adopt or modify 
     accordingly environmental policies, laws, and regulations.
       (C) To provide for phased-in compliance for least-developed 
     countries, comparable to mechanisms utilized in other FTAA 
     agreements.
       (D) To create an FTAA work program that--
       (i) will provide guidance and technical assistance to FTAA 
     members in supplementing and strengthening their 
     environmental laws and regulations based on--

       (I) the standards in existing international agreements that 
     provide adequate protection; or
       (II) the standards in the laws of other FTAA members if the 
     standards in international agreements standards are 
     inadequate or do not exist; and

       (ii) includes commitments by FTAA members to provide market 
     access incentives for the least-developed FTAA members to 
     strengthen environmental laws and regulations.
       (E) To provide for regular review of adherence to 
     environmental laws and regulations.
       (F) To create exceptions from obligations under the FTAA 
     agreements for--
       (i) measures taken to provide effective protection of 
     human, animal, or plant life or health;
       (ii) measures taken to conserve exhaustible natural 
     resources if such measures are made effective in conjunction 
     with restrictions on domestic production or consumption; and
       (iii) measures taken that are in accordance with 
     obligations under any multilateral environmental agreement 
     accepted by both parties to a dispute.
       (G) To give priority to trade liberalization measures that 
     promote sustainable development, including eliminating duties 
     on environmental goods, and obtaining commitments on 
     environmental services.
       (11) Institution building.--The principal negotiating 
     objectives of the United States with respect to institution 
     building are the following:
       (A) To improve coordination between the FTAA and other 
     international organizations such as the Organization of 
     American States, the ILO, the United Nations Environment 
     Program, and the Inter-American Development Bank to increase 
     the effectiveness of technical assistance programs.
       (B) To ensure that the agreements entered into under the 
     FTAA provide for technical assistance to developing and, in 
     particular, least-developed countries that are members of the 
     FTAA to promote the rule of law, enable them to comply with 
     their obligations under the FTAA agreements, and minimize 
     disruptions associated with trade liberalization.
       (12) Trade and investment.--The principal negotiating 
     objectives of the United States with respect to trade and 
     investment are the following:
       (A) To reduce or eliminate artificial or trade-distorting 
     barriers to foreign investment by United States persons and, 
     recognizing that United States law on the whole provides a 
     high level of protection for investments, consistent with or 
     greater than the level required by international law, to 
     secure for investors the rights that would be available under 
     United States law, but no greater rights, by--
       (i) ensuring national and most-favored nation treatment for 
     United States investors and investments;
       (ii) freeing the transfer of funds relating to investments;
       (iii) reducing or eliminating performance requirements, 
     forced technology transfers, and other unreasonable barriers 
     to the establishment and operation of investments;
       (iv) establishing standards for expropriation and 
     compensation for expropriation, consistent with United States 
     legal principles and practice, including by clarifying that 
     expropriation does not arise in cases of mere diminution in 
     value;
       (v) codifying the clarifications made on July 31, 2001, by 
     the Free Trade Commission established under Article 2001 of 
     the NAFTA with respect to the minimum standard of treatment 
     under Article 1105 of the NAFTA such that--

       (I) any provisions included in an investment agreement 
     setting forth a minimum standard of treatment prescribe only 
     that level of treatment required by customary international 
     law; and
       (II) a determination that there has been a breach of 
     another provision of the FTAA, or of a separate international 
     agreement, does not establish that there has been a breach of 
     the minimum standard of treatment;

       (vi) ensuring, through clarifications, presumptions, 
     exceptions, or other means in the text of the agreement, that 
     the investor protections do not interfere with an FTAA 
     member's exercise of its police powers under its local, 
     State, and national laws (for example legitimate health, 
     safety, environmental, consumer, and employment opportunity 
     laws and regulations), including by a clarification that the 
     standards in an agreement do not require use of the least 
     trade restrictive regulatory alternative;
       (vii) providing an exception for actions taken in 
     accordance with obligations under a multilateral 
     environmental agreement agreed to by both countries involved 
     in the dispute;
       (viii) providing meaningful procedures for resolving 
     investment disputes;
       (ix) ensuring that--

       (I) no claim by an investor directly against a state may be 
     brought unless the investor first submits the claim for 
     approval to the home government of the investor;
       (II) such approval is granted for each claim which the 
     investor demonstrates is meritorious;
       (III) such approval is considered granted if the investor's 
     home government has not acted upon the submission within a 
     defined reasonable period of time; and
       (IV) each FTAA member establishes or designates an 
     independent decisionmaker to determine whether the standard 
     for approval has been satisfied; and

       (x) providing a standing appellate mechanism to correct 
     erroneous interpretations of law.
       (B) To ensure the fullest measure of transparency in the 
     dispute settlement mechanism established, by--
       (i) ensuring that all requests for dispute settlement are 
     promptly made public, to the extent consistent with the need 
     to protect information that is classified or business 
     confidential;
       (ii) ensuring that--

       (I) all proceedings, submissions, findings, and decisions, 
     are promptly made public; and
       (II) all hearings are open to the public, to the extent 
     consistent with need to protect information that is 
     classified or business confidential; and

       (iii) establishing a mechanism for acceptance of amicus 
     curiae submissions from businesses, unions, and 
     nongovernmental organizations.
       (13) Electronic commerce.--The principal negotiating 
     objectives of the United States with respect to electronic 
     commerce are the following:
       (A) To make permanent and binding on FTAA members the 
     moratorium on customs duties on electronic transmissions 
     declared in the WTO Ministerial Declaration of May 20, 1998.
       (B) To ensure that governments refrain from implementing 
     trade-related measures that impede electronic commerce.
       (C) To ensure that electronically delivered goods and 
     services receive no less favorable treatment under trade 
     rules and commitments than like products delivered in 
     physical form.
       (D) To ensure that the classification of electronically 
     delivered goods and services ensures the most liberal trade 
     treatment possible.
       (E) Where legitimate policy objectives require domestic 
     regulations that affect electronic commerce, to obtain 
     commitments that any such regulations are nondiscriminatory, 
     transparent, and promote an open market environment.
       (F) To pursue a regulatory environment that encourages 
     competition in basic telecommunications services abroad, so 
     as to facilitate the conduct of electronic commerce.
       (14) Developing countries.--The principal negotiating 
     objectives of the United States with respect to developing 
     countries are the following:
       (A) To enter into trade agreements that promote the 
     economic growth of both developing countries and the United 
     States and the mutual expansion of market opportunities.
       (B) To ensure appropriate phase-in periods with respect to 
     the obligations of least-developed countries.
       (C) To coordinate with the Organization of American States, 
     the Inter-American Development Bank, and other regional and 
     international institutions to provide debt relief and other 
     assistance to promote the rule of law and sound and 
     sustainable development.
       (D) To accelerate tariff reductions that benefit least-
     developed countries.
       (15) Trade and monetary coordination.--The principal 
     negotiating objective of the United States with respect to 
     trade and monetary coordination is to foster stability in 
     international currency markets and develop mechanisms to 
     assure greater coordination, consistency, and cooperation 
     between international trade and monetary systems and 
     institutions in order to protect against the trade 
     consequences of significant and unanticipated currency 
     movements.
       (16) Access to high technology.--The principal negotiating 
     objectives of the United States with respect to access to 
     high technology are the following:
       (A) To obtain the elimination or reduction of foreign 
     barriers to, and of acts, policies, or practices by foreign 
     governments that limit, equitable access by United States 
     persons to foreign-developed technology.
       (B) To seek the elimination of tariffs on all information 
     technology products, infrastructure equipment, scientific 
     instruments, and medical equipment.
       (C) To pursue the reduction of foreign barriers to high 
     technology products of the United States.
       (D) To enforce and promote the Agreement on Technical 
     Barriers to Trade, and ensure that standards, conformity 
     assessment, and technical regulations are not used as 
     obstacles to trade in information technology and 
     communications products.
       (E) To require all parties to sign the Information 
     Technology Agreement of the WTO

[[Page S4416]]

     and to expand and update product coverage under such 
     agreement.
       (17) Corruption.--The principal negotiating objectives of 
     the United States with respect to the use of money or other 
     things of value to influence acts, decisions, or omissions of 
     foreign governments or officials or to secure any improper 
     advantage are--
       (A) to obtain standards applicable to persons from all FTAA 
     member countries that are equivalent to, or more restrictive 
     than, the prohibitions applicable to issuers, domestic 
     concerns, and other persons under section 30A of the 
     Securities and Exchange Act of 1934 and sections 104 and 104A 
     of the Foreign Corrupt Practices Act of 1977; and
       (B) to implement mechanisms to ensure effective enforcement 
     of the standards described in subparagraph (A).
       (d) Bilateral Agreements.--
       (1) Principal negotiating objectives.--The principal 
     negotiating objectives of the United States in seeking 
     bilateral trade agreements are those objectives set forth in 
     subsection (c), except that in applying such subsection, any 
     references to the FTAA or FTAA member countries shall be 
     deemed to refer to the bilateral agreement, or party to the 
     bilateral agreement, respectively.
       (2) Adherence to obligations under uruguay round 
     agreements.--In determining whether to enter into 
     negotiations with a particular country, the President shall 
     take into account the extent to which that country has 
     implemented, or has accelerated the implementation of, its 
     obligations under the Uruguay Round Agreements.
       (e) Domestic Objectives.--In pursuing the negotiating 
     objectives under subsections (a) through (d), United States 
     negotiators shall take into account legitimate United States 
     domestic (including State and local) objectives, including, 
     but not limited to, the protection of health and safety, 
     essential security, environmental, consumer, and employment 
     opportunity interests and the laws and regulations related 
     thereto.

     SEC. 2103. CONGRESSIONAL TRADE ADVISERS.

       Section 161(a)(1) of the Trade Act of 1974 (19 U.S.C. 
     2211(a)(1)) is amended to read as follows:
       ``(1) At the beginning of each regular session of 
     Congress--
       ``(A) the Speaker of the House of Representatives shall--
       ``(i) upon the recommendation of the chairman and ranking 
     member of the Committee on Ways and Means, select 5 members 
     (not more than 3 of whom are members of the same political 
     party) of such committee,
       ``(ii) upon the recommendation of the chairman and ranking 
     member of the Committee on Agriculture, select 2 members 
     (from different political parties) of such committee, and
       ``(iii) upon the recommendation of the majority leader and 
     minority leader of the House of Representatives, select 2 
     members of the House of Representatives (from different 
     political parties), and
       ``(B) the President pro tempore of the Senate shall--
       ``(i) upon the recommendation of the chairman and ranking 
     member of the Committee on Finance, select 5 members (not 
     more than 3 of whom are members of the same political party) 
     of such committee,
       ``(ii) upon the recommendation of the chairman and ranking 
     member of the Committee on Agriculture, Nutrition, and 
     Forestry, select 2 members (from different political parties) 
     of such committee, and
       ``(iii) upon the recommendation of the majority leader and 
     minority leader of the Senate, select 2 members of the Senate 
     (from different political parties),
     who shall be designated congressional advisers on trade 
     policy and negotiations. They shall provide advice on the 
     development of trade policy and priorities for the 
     implementation thereof. They shall also be accredited by the 
     United States Trade Representative on behalf of the President 
     as official advisers to the United States delegations to 
     international conferences, meetings, dispute settlement 
     proceedings, and negotiating sessions relating to trade 
     agreements.''.

     SEC. 2104. TRADE AGREEMENTS AUTHORITY.

       (a) Agreements Regarding Tariff Barriers.--
       (1) In general.--Whenever the President determines that one 
     or more existing duties or other import restrictions of any 
     foreign country or the United States are unduly burdening and 
     restricting the foreign trade of the United States and that 
     the purposes, policies, and objectives of this title will be 
     promoted thereby, the President--
       (A) may enter into trade agreements with foreign countries 
     before--
       (i) the date that is 5 years after the date of the 
     enactment of this title, or
       (ii) the date that is 7 years after such date of enactment, 
     if fast track procedures are extended under subsection (c), 
     and
       (B) may, subject to paragraphs (2) and (3), proclaim--
       (i) such modification or continuance of any existing duty,
       (ii) such continuance of existing duty-free or excise 
     treatment, or
       (iii) such additional duties,
     as the President determines to be required or appropriate to 
     carry out any such trade agreement.
     The President shall notify the Congress of the President's 
     intention to enter into an agreement under this subsection.
       (2) Limitations.--No proclamation may be made under 
     paragraph (1) that--
       (A) reduces any rate of duty (other than a rate of duty 
     that does not exceed 5 percent ad valorem on the date of the 
     enactment of this Act) to a rate of duty which is less than 
     50 percent of the rate of such duty that applies on such date 
     of enactment; or
       (B) increases any rate of duty above the rate that applied 
     on such date of enactment.
       (3) Aggregate reduction; exemption from staging.--
       (A) Aggregate reduction.--Except as provided in 
     subparagraph (B), the aggregate reduction in the rate of duty 
     on any article which is in effect on any day pursuant to a 
     trade agreement entered into under paragraph (1) shall not 
     exceed the aggregate reduction which would have been in 
     effect on such day if--
       (i) a reduction of 3 percent ad valorem or a reduction of 
     one-tenth of the total reduction, whichever is greater, had 
     taken effect on the effective date of the first reduction 
     proclaimed under paragraph (1) to carry out such agreement 
     with respect to such article; and
       (ii) a reduction equal to the amount applicable under 
     clause (i) had taken effect at 1-year intervals after the 
     effective date of such first reduction.
       (B) Exemption from staging.--No staging is required under 
     subparagraph (A) with respect to a duty reduction that is 
     proclaimed under paragraph (1) for an article of a kind that 
     is not produced in the United States. The United States 
     International Trade Commission shall advise the President of 
     the identity of articles that may be exempted from staging 
     under this subparagraph.
       (4) Rounding.--If the President determines that such action 
     will simplify the computation of reductions under paragraph 
     (3), the President may round an annual reduction by an amount 
     equal to the lesser of--
       (A) the difference between the reduction without regard to 
     this paragraph and the next lower whole number; or
       (B) one-half of 1 percent ad valorem.
       (5) Other limitations.--A rate of duty reduction that may 
     not be proclaimed by reason of paragraph (2) may take effect 
     only if a provision authorizing such reduction is included 
     within an implementing bill provided for under section 2107 
     and that bill is enacted into law.
       (6) Other tariff modifications.--Notwithstanding paragraphs 
     (1)(B) and (2) through (5), and subject to the consultation 
     and layover requirements of section 115 of the Uruguay Round 
     Agreements Act, the President may proclaim the modification 
     of any duty or staged rate reduction of any duty set forth in 
     Schedule XX, as defined in section 2(5) of that Act, if the 
     United States agrees to such modification or staged rate 
     reduction in a negotiation for the reciprocal elimination or 
     harmonization of duties under the auspices of the World Trade 
     Organization or as part of an interim agreement leading to 
     the formation of a regional free-trade area.
       (7) Authority under uruguay round agreements act not 
     affected.--Nothing in this subsection shall limit the 
     authority provided to the President under section 111(b) of 
     the Uruguay Round Agreements Act (19 U.S.C. 3521(b)).
       (b) Agreements Regarding Tariff and Nontariff Barriers.--
       (1) In general.--(A) Whenever the President determines 
     that--
       (i) one or more existing duties or any other import 
     restriction of any foreign country or the United States or 
     any other barrier to, or other distortion of, international 
     trade unduly burdens or restricts the foreign trade of the 
     United States or adversely affects the United States economy, 
     or
       (ii) the imposition of any such barrier or distortion is 
     likely to result in such a burden, restriction, or effect,
     and that the purposes, policies, and objectives of this title 
     will be promoted thereby, the President may enter into a 
     trade agreement described in subparagraph (B) during the 
     period described in subparagraph (C).
       (B) The President may enter into a trade agreement under 
     subparagraph (A) with foreign countries providing for--
       (i) the reduction or elimination of a duty, restriction, 
     barrier, or other distortion described in subparagraph (A), 
     or
       (ii) the prohibition of, or limitation on the imposition 
     of, such barrier or other distortion.
       (C) The President may enter into a trade agreement under 
     this paragraph before--
       (i) the date that is 5 years after the date of the 
     enactment of this Act, or
       (ii) the date that is 7 years after such date of enactment, 
     if fast track procedures are extended under subsection (c).
       (2) Conditions.--A trade agreement may be entered into 
     under this subsection only if such agreement substantially 
     achieves the applicable objectives described in section 2102 
     and the conditions set forth in sections 2105, 2106, and 2107 
     are met.
       (3) Bills qualifying for fast track procedures.--(A) The 
     provisions of section 151 of the Trade Act of 1974 (in this 
     title referred to as ``fast track procedures'') apply to a 
     bill of either House of Congress which contains provisions 
     described in subparagraph (B) to the same extent as such 
     section 151 applies to implementing bills under that section. 
     A bill to which this paragraph applies shall hereafter in 
     this title be referred to as an ``implementing bill''.
       (B) The provisions referred to in subparagraph (A) are--
       (i) a provision approving a trade agreement entered into 
     under this subsection and approving the statement of 
     administrative action, if any, proposed to implement such 
     trade agreement;

[[Page S4417]]

       (ii) if changes in existing laws or new statutory authority 
     are required to implement such trade agreement, provisions, 
     necessary or appropriate to implement such trade agreement or 
     agreements, either repealing or amending existing laws or 
     providing new statutory authority; and
       (iii) provisions to provide trade adjustment assistance to 
     workers, firms, and communities.
       (4) Limitations on fast track procedures.--Notwithstanding 
     any other provision of law, the provisions of section 151 of 
     the Trade Act of 1974 (fast track procedures) shall not apply 
     to any provision in an implementing bill that modifies or 
     amends, or requires a modification of, or an amendment to, 
     any law of the United States relating to title VII of the 
     Tariff Act of 1930, title II of the Trade Act of 1974, or any 
     law that provides safeguards from unfair foreign trade 
     practices to United States businesses or workers.
       (c) Extension Disapproval Process for Congressional Fast 
     Track Procedures.--
       (1) In general.--Except as provided in subsection (b)(4) 
     and section 2105(c), 2106(c), and 2107(b)--
       (A) the fast track procedures apply to implementing bills 
     submitted with respect to trade agreements entered into under 
     subsection (b) before the date that is 5 years after the date 
     of the enactment of this title; and
       (B) the fast track procedures shall be extended to 
     implementing bills submitted with respect to trade agreements 
     entered into under subsection (b) on or after the date 
     specified in subparagraph (A) and before the date that is 7 
     years after the date of such enactment if (and only if)--
       (i) the President requests such extension under paragraph 
     (2); and
       (ii) neither House of the Congress adopts an extension 
     disapproval resolution under paragraph (6) before the date 
     specified in subparagraph (A).
       (2) Report to congress by the president.--If the President 
     is of the opinion that the fast track procedures should be 
     extended to implementing bills to carry out trade agreements 
     under subsection (b), the President shall submit to the 
     Congress, not later than 3 months before the expiration of 
     the 5-year period specified in paragraph (1)(A), a written 
     report that contains a request for such extension, together 
     with--
       (A) a description of all trade agreements that have been 
     negotiated under subsection (b) and the anticipated schedule 
     for submitting such agreements to the Congress for approval;
       (B) a description of the progress that has been made in 
     negotiations to achieve the purposes, policies, and 
     objectives of this title, and a statement that such progress 
     justifies the continuation of negotiations; and
       (C) a statement of the reasons why the extension is needed 
     to complete the negotiations.
       (3) Report to congress by the advisory committee.--The 
     President shall promptly inform the Advisory Committee for 
     Trade Policy and Negotiations established under section 135 
     of the Trade Act of 1974 (19 U.S.C. 2155) of the President's 
     decision to submit a report to the Congress under paragraph 
     (2). The Advisory Committee shall submit to the Congress as 
     soon as practicable, but not later than 2 months before the 
     expiration of the 5-year period specified in paragraph 
     (1)(A), a written report that contains--
       (A) its views regarding the progress that has been made in 
     negotiations to achieve the purposes, policies, and 
     objectives of this title; and
       (B) a statement of its views, and the reasons therefor, 
     regarding whether the extension requested under paragraph (2) 
     should be approved or disapproved.
       (4) Report to congress by congressional trade advisers.--
     The President shall promptly inform the congressional trade 
     advisers of the President's decision to submit a report to 
     the Congress under paragraph (2). The congressional trade 
     advisers shall submit to the Congress as soon as practicable, 
     but not later than 2 months before the expiration of the 5-
     year period specified in paragraph (1)(A), a written report 
     that contains--
       (A) its views regarding the progress that has been made in 
     negotiations to achieve the purposes, policies, and 
     objectives of this Act; and
       (B) a statement of their views, and the reasons therefor, 
     regarding whether the extension requested under paragraph (2) 
     should be approved or disapproved.
       (5) Reports may be classified.--The reports under 
     paragraphs (2) and (3), or any portion of such reports, may 
     be classified to the extent the President determines 
     appropriate, and the report under paragraph (4), or any 
     portion thereof, may be classified.
       (6) Extension disapproval resolutions.--(A) For purposes of 
     paragraph (1), the term ``extension disapproval resolution'' 
     means a resolution of either House of the Congress, the sole 
     matter after the resolving clause of which is as follows: 
     ``That the ____ disapproves the request of the President for 
     the extension, under section 2104(c)(1)(B)(i) of the 
     Comprehensive Trade Negotiating Authority Act of 2002, of the 
     fast track procedures under that Act to any implementing bill 
     submitted with respect to any trade agreement entered into 
     under section 2104(b) of that Act after the date that is 5 
     years after the date of the enactment of that Act.'', with 
     the blank space being filled with the name of the resolving 
     House of the Congress.
       (B) Extension disapproval resolutions--
       (i) may be introduced in either House of the Congress by 
     any member of such House; and
       (ii) shall be referred, in the House of Representatives, to 
     the Committee on Ways and Means and, in addition, to the 
     Committee on Rules.
       (C) The provisions of section 152 (d) and (e) of the Trade 
     Act of 1974 (19 U.S.C. 2192 (d) and (e)) (relating to the 
     floor consideration of certain resolutions in the House and 
     Senate) apply to extension disapproval resolutions.
       (D) It is not in order for--
       (i) the Senate to consider any extension disapproval 
     resolution not reported by the Committee on Finance;
       (ii) the House of Representatives to consider any extension 
     disapproval resolution not reported by the Committee on Ways 
     and Means and, in addition, by the Committee on Rules; or
       (iii) either House of the Congress to consider an extension 
     disapproval resolution after the date that is 5 years after 
     the date of the enactment of this title.

     SEC. 2105. COMMENCEMENT OF NEGOTIATIONS.

       (a) In General.--In order to contribute to the continued 
     economic expansion of the United States and to benefit United 
     States workers, farmers, and businesses, the President shall 
     commence negotiations covering tariff and nontariff barriers 
     affecting any industry, product, or service sector, in cases 
     where the President determines that such negotiations are 
     feasible and timely and would benefit the United States. The 
     President shall commence negotiations--
       (1) to expand existing sectoral agreements to countries 
     that are not parties to those agreements; and
       (2) to promote growth, open global markets, and raise 
     standards of living in the United States and other countries 
     and promote sustainable development.
     Such sectors include agriculture, commercial services, 
     intellectual property rights, industrial and capital goods, 
     government procurement, information technology products, 
     environmental technology and services, medical equipment and 
     services, civil aircraft, and infrastructure products.
       (b) Consultation Regarding Negotiating Objectives.--With 
     respect to any negotiations for a trade agreement under 
     section 2104(b), the following shall apply:
       (1) The President shall, in developing strategies for 
     pursuing negotiating objectives set forth in section 2102 and 
     other relevant negotiating objectives to be pursued in 
     negotiations, consult with--
       (A) the Committee on Ways and Means of the House of 
     Representatives and the Committee on Finance of the Senate;
       (B) the congressional trade advisers; and
       (C) other appropriate committees of Congress.
       (2) The President shall assess whether United States 
     tariffs on agricultural products that were bound under the 
     Uruguay Round Agreements are lower than the tariffs bound by 
     the country or countries with which the negotiations will be 
     conducted. In addition, the President shall consider whether 
     the tariff levels bound and applied throughout the world with 
     respect to imports from the United States are higher than 
     United States tariffs and whether the negotiation provides an 
     opportunity to address any such disparity. The President 
     shall consult with the Committee on Ways and Means and the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Finance and the Committee on Agriculture, 
     Nutrition, and Forestry of the Senate concerning the results 
     of the assessment, whether it is appropriate for the United 
     States to agree to further tariff reductions based on the 
     conclusions reached in the assessment, and how all applicable 
     negotiating objectives will be met.
       (c) Notice of Initiation; Disapproval Resolutions.--
       (1) Notice.--The President shall--
       (A) provide, at least 90 calendar days before initiating 
     the proposed negotiations, written notice to the Congress of 
     the President's intention to enter into the negotiations and 
     set forth therein the date the President intends to initiate 
     such negotiations, the specific negotiating objectives to be 
     pursued in the negotiations, and whether the President 
     intends to seek an agreement or changes to an existing 
     agreement; and
       (B) before and after submission of the notice, consult 
     regarding the negotiations with the Committee on Finance of 
     the Senate and the Committee on Ways and Means of the House 
     of Representatives, the congressional trade advisers, and 
     such other committees of the House of Representatives and the 
     Senate as the President deems appropriate.
       (2) Resolutions disapproving initiation of negotiations.--
       (A) Inapplicability of fast track procedures to agreements 
     of which certain notice given.--Fast track procedures shall 
     not apply to any implementing bill submitted with respect to 
     a trade agreement entered into under section 2104(b) pursuant 
     to negotiations with 2 or more countries of which notice is 
     given under paragraph (1)(A) if, during the 90-day period 
     referred to in that subsection, each House of Congress agrees 
     to a disapproval resolution described in subparagraph (B) 
     with respect to the negotiations.
       (B) Disapproval resolutions.--For purposes of this 
     paragraph, the term ``disapproval resolution'' means a 
     resolution of either House of Congress, the sole matter

[[Page S4418]]

     after the resolving clause of which is as follows: ``That the 
     ____ disapproves the negotiations of which the President 
     notified the Congress on ____, under section 2105(c)(1) of 
     the Comprehensive Trade Negotiating Authority Act of 2002 
     and, therefore, the fast track procedures under that Act 
     shall not apply to any implementing bill submitted with 
     respect to any trade agreement entered into pursuant to those 
     negotiations.'', with the first blank space being filled with 
     the name of the resolving House of Congress, and the second 
     blank space being filled with the appropriate date.
       (3) Procedures for considering resolutions.--(A) 
     Disapproval resolutions to which paragraph (2) applies--
       (i) in the House of Representatives--
       (I) shall be referred to the Committee on Ways and Means 
     and, in addition, to the Committee on Rules; and
       (II) may not be amended by either Committee; and
       (ii) in the Senate shall be referred to the Committee on 
     Finance.
       (B) The provisions of section 152 (c), (d), and (e) of the 
     Trade Act of 1974 (19 U.S.C. 2192 (c), (d), and (e)) 
     (relating to the consideration of certain resolutions in the 
     House and Senate) apply to any disapproval resolution to 
     which paragraph (2) applies. In applying section 152(c)(1) of 
     the Trade Act of 1974, all calendar days shall be counted.
       (C) It is not in order for--
       (i) the Senate to consider any joint resolution unless it 
     has been reported by the Committee on Finance or the 
     committee has been discharged pursuant to subparagraph (B); 
     or
       (ii) the House of Representatives to consider any joint 
     resolution unless it has been reported by the Committee on 
     Ways and Means or the committee has been discharged pursuant 
     to subparagraph (B).

     SEC. 2106. CONGRESSIONAL PARTICIPATION DURING NEGOTIATIONS.

       (a) Consultations With Congressional Trade Advisers and 
     Committees of Jurisdiction.--In the course of negotiations 
     conducted under this title, the Trade Representative shall--
       (1) consult closely and on a timely basis with, and keep 
     fully apprised of the negotiations, the congressional trade 
     advisers, the Committee on Ways and Means of the House of 
     Representatives, and the Committee on Finance of the Senate;
       (2) with respect to any negotiations and agreement relating 
     to agriculture, also consult closely and on a timely basis 
     with, and keep fully apprised of the negotiations, the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate; and
       (3) consult closely and on a timely basis with other 
     appropriate committees of Congress.
       (b) Guidelines for Consultations.--
       (1) Guidelines.--The Trade Representative, in consultation 
     with the chairmen and ranking minority members of the 
     Committee on Ways and Means of the House of Representatives, 
     the Committee on Finance of the Senate, and the congressional 
     trade advisers--
       (A) shall, within 120 days after the date of the enactment 
     of this title, develop written guidelines to facilitate the 
     useful and timely exchange of information between the Trade 
     Representative, the committees referred to in subsection (a), 
     and the congressional trade advisers; and
       (B) may make such revisions to the guidelines as may be 
     necessary from time to time.
       (2) Content.--The guidelines developed under paragraph (1) 
     shall provide for, among other things--
       (A) regular, detailed briefings of each committee referred 
     to in subsection (a) and the congressional trade advisers 
     regarding negotiating objectives and positions and the status 
     of negotiations, with more frequent briefings as trade 
     negotiations enter the final stages;
       (B) access by members of each such committee, the 
     congressional trade advisers, and staff with proper security 
     clearances, to pertinent documents relating to negotiations, 
     including classified materials; and
       (C) the closest practicable coordination between the Trade 
     Representative, each such committee, and the congressional 
     trade advisers at all critical periods during negotiations, 
     including at negotiation sites.
       (c) Disapproval Resolutions With Respect to Ongoing 
     Negotiations.--
       (1) Negotiations of which notice given.--Fast track 
     procedures shall not apply to any implementing bill submitted 
     with respect to a trade agreement entered into under section 
     2104(b) pursuant to negotiations of which notice is given 
     under section 2105(c)(1) if, at any time after the end of the 
     90-day period referred to in section 2105(c)(1), during the 
     120-day period beginning on the date that one House of 
     Congress agrees to a disapproval resolution described in 
     paragraph (3)(A) disapproving the negotiations, the other 
     House separately agrees to a disapproval resolution described 
     in paragraph (3)(A) disapproving those negotiations. The 
     disapproval resolutions of the two Houses need not be in 
     agreement with respect to disapproving any other 
     negotiations.
       (2) Prior negotiations.--Fast track procedures shall not 
     apply to any implementing bill submitted with respect to a 
     trade agreement to which section 2108(a) applies if, during 
     the 120-day period beginning on the date that one House of 
     Congress agrees to a disapproval resolution described in 
     paragraph (3)(B) disapproving the negotiations for that 
     agreement, the other House separately agrees to a disapproval 
     resolution described in paragraph (3)(B) disapproving those 
     negotiations. The disapproval resolutions of the two Houses 
     need not be in agreement with respect to disapproving any 
     other negotiations.
       (3) Disapproval resolutions.--(A) For purposes of paragraph 
     (1), the term ``disapproval resolution'' means a resolution 
     of either House of Congress, the sole matter after the 
     resolving clause of which is as follows: ``That the ____ 
     disapproves the negotiations of which the President notified 
     the Congress on ____, under section 2105(c)(1) of the 
     Comprehensive Trade Negotiating Authority Act of 2002 and, 
     therefore, the fast track procedures under that Act shall not 
     apply to any implementing bill submitted with respect to any 
     trade agreement entered into pursuant to those 
     negotiations.'', with the first blank space being filled with 
     the name of the resolving House of Congress, and the second 
     blank space being filled with the appropriate date or dates 
     (in the case of more than 1 set of negotiations being 
     conducted).
       (B) For purposes of paragraph (2), the term ``disapproval 
     resolution'' means a resolution of either House of Congress, 
     the sole matter after the resolving clause of which is as 
     follows: ``That the ____ disapproves the negotiations with 
     respect to ____, and, therefore, the fast track procedures 
     under the Comprehensive Trade Negotiating Authority Act of 
     2002 shall not apply to any implementing bill submitted with 
     respect to any trade agreement entered into pursuant to those 
     negotiations.'', with the first blank space being filled with 
     the name of the resolving House of Congress, and the second 
     blank space being filled with a description of the applicable 
     trade agreement or agreements.
       (4) Procedures for considering resolutions.--(A) Any 
     disapproval resolution to which paragraph (1) or (2) 
     applies--
       (i) in the House of Representatives--
       (I) shall be referred to the Committee on Ways and Means 
     and, in addition, to the Committee on Rules; and
       (II) may not be amended by either Committee; and
       (ii) in the Senate shall be referred to the Committee on 
     Finance.
       (B) The provisions of section 152 (c), (d), and (e) of the 
     Trade Act of 1974 (19 U.S.C. 2192 (c), (d), and (e)) 
     (relating to the consideration of certain resolutions in the 
     House and Senate) apply to any disapproval resolution to 
     which paragraph (1) or (2) applies if--
       (i) there are at least 145 cosponsors of the resolution, in 
     the case of a resolution of the House of Representatives, and 
     at least 34 cosponsors of the resolution, in the case of a 
     resolution of the Senate; and
       (ii) no resolution that meets the requirements of clause 
     (i) has previously been considered under such provisions of 
     section 152 of the Trade Act of 1974 in that House of 
     Congress during that Congress.
     In applying section 152(c)(1) of the Trade Act of 1974, all 
     calendar days shall be counted.
       (C) It is not in order for--
       (i) the Senate to consider any joint resolution unless it 
     has been reported by the Committee on Finance or the 
     committee has been discharged pursuant to subparagraph (B); 
     or
       (ii) the House of Representatives to consider any joint 
     resolution unless it has been reported by the Committee on 
     Ways and Means or the committee has been discharged pursuant 
     to subparagraph (B).
       (5) Computation of certain time periods.--Each period of 
     time referred to in paragraphs (1) and (2) shall be computed 
     without regard to--
       (A) the days on which either House of Congress is not in 
     session because of an adjournment of more than 3 days to a 
     day certain or an adjournment of the Congress sine die; and
       (B) any Saturday and Sunday, not excluded under 
     subparagraph (A), when either House of Congress is not in 
     session.
       (d) Environmental Assessment.--
       (1) Initiation of assessment.--Upon the commencement of 
     negotiations for a trade agreement under section 2104(b), the 
     Trade Representative, jointly with the Chair of the Council 
     on Environmental Quality, and in consultation with other 
     appropriate Federal agencies, shall commence an assessment of 
     the effects on the environment of the proposed trade 
     agreement.
       (2) Content.--The assessment under paragraph (1) shall 
     include an examination of--
       (A) the potential effects of the proposed trade agreement 
     on the environment, natural resources, and public health;
       (B) the extent to which the proposed trade agreement may 
     affect the laws, regulations, policies, and international 
     agreements of the United States, including State and local 
     laws, regulations, and policies, relating to the environment, 
     natural resources, and public health;
       (C) measures to implement, and alternative approaches to, 
     the proposed trade agreement that would minimize adverse 
     effects and maximize benefits identified under subparagraph 
     (A); and
       (D) a detailed summary of the manner in which the results 
     of the assessment were taken into consideration in 
     negotiation of the proposed trade agreement, and in 
     development of measures and alternative means identified 
     under subparagraph (C).
       (3) Procedures.--The Trade Representative shall commence 
     the assessment under paragraph (1) by publishing notice 
     thereof, and a request for comments thereon, in the

[[Page S4419]]

     Federal Register and transmitting notice thereof to the 
     Congress. The notice shall be given as soon as possible after 
     sufficient information exists concerning the scope of the 
     proposed trade agreement, but in no case later than 30 
     calendar days before the applicable negotiations begin. The 
     notice shall contain--
       (A) the principal negotiating objectives of the United 
     States to be pursued in the negotiations;
       (B) the elements and topics expected to be under 
     consideration for coverage by the proposed trade agreement;
       (C) the countries expected to participate in the agreement; 
     and
       (D) the sectors of the United States economy likely to be 
     affected by the agreement.
       (4) Consultations with congress.--The Trade Representative 
     shall submit to the Congress--
       (A) within 6 months after the onset of negotiations, a 
     preliminary draft of the environmental assessment conducted 
     under this subsection; and
       (B) not later than 90 calendar days before the agreement is 
     signed by the President, the final version of the 
     environmental assessment.
       (5) Participation of other federal agencies and 
     departments.--(A) In conducting the assessment required under 
     paragraph (1), the Trade Representative and the Chair of the 
     Council on Environmental Quality shall draw upon the 
     knowledge of the departments and agencies with relevant 
     expertise in the subject matter under consideration, 
     including, but not limited to, the Environmental Protection 
     Agency, the Departments of the Interior, Agriculture, 
     Commerce, Energy, State, the Treasury, and Justice, the 
     Agency for International Development, the Council of Economic 
     Advisors, and the International Trade Commission.
       (B)(i) The heads of the departments and agencies identified 
     in subparagraph (A), and the heads of other departments and 
     agencies with relevant expertise shall provide such resources 
     as are necessary to conduct the assessment required under 
     this subsection.
       (ii) The President, in preparing the budget for the United 
     States Government each year for submission to the Congress, 
     shall include adequate funds for the departments and agencies 
     identified in subparagraph (A), and other departments and 
     agencies with relevant expertise referred to in that 
     subparagraph, to carry out their responsibilities under this 
     subsection.
       (6) Consultations with the advisory committee.--(A) Section 
     135(c)(1) of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)) is 
     amended in the first sentence--
       (i) by striking ``may establish'' and inserting ``shall 
     establish''; and
       (ii) by inserting ``environmental issues,'' after 
     ``defense''.
       (B) In developing measures and alternatives means 
     identified under paragraph (2)(C), the Trade Representative 
     and the Chair of the Council on Environmental Quality shall 
     consult with the environmental general policy advisory 
     committee established pursuant to section 135(c)(1) of the 
     Trade Act of 1974 (19 U.S.C. 2155(c)(1)), as amended by 
     subparagraph (A) of this paragraph.
       (7) Public participation.--The Trade Representative shall 
     publish the preliminary and final environmental assessments 
     in the Federal Register. The Trade Representative shall take 
     into account comments received from the public pursuant to 
     notices published under this subsection and shall include in 
     the final assessment a discussion of the public comments 
     reflected in the assessment.
       (e) Labor Review.--
       (1) Initiation of review.--Upon the commencement of 
     negotiations for a trade agreement under section 2104(b), the 
     Trade Representative, jointly with the Secretary of Labor and 
     the Commissioners of the International Trade Commission, and 
     in consultation with other appropriate Federal agencies, 
     shall commence a review of the effects on workers in the 
     United States of the proposed trade agreement.
       (2) Content.--The review under paragraph (1) shall include 
     an examination of--
       (A) the extent to which the proposed trade agreement may 
     affect job creation, worker displacement, wages, and the 
     standard of living for workers in the United States;
       (B) the scope and magnitude of the effect of the proposed 
     trade agreement on the flow of workers to and from the United 
     States;
       (C) the extent to which the proposed agreement may affect 
     the laws, regulations, policies, and international agreements 
     of the United States relating to labor; and
       (D) proposals to mitigate any negative effects of the 
     proposed trade agreement on workers, firms, and communities 
     in the United States, including proposals relating to trade 
     adjustment assistance.
       (3) Procedures.--The Trade Representative shall commence 
     the review under paragraph (1) by publishing notice thereof, 
     and a request for comments thereon, in the Federal Register 
     and transmitting notice thereof to the Congress. The notice 
     shall be given not later than 30 calendar days before the 
     applicable negotiations begin. The notice shall contain--
       (A) the principal negotiating objectives of the United 
     States to be pursued in the negotiations;
       (B) the elements and topics expected to be under 
     consideration for coverage by the proposed trade agreement;
       (C) the countries expected to participate in the agreement; 
     and
       (D) the sectors of the United States economy likely to be 
     affected by the agreement.
       (4) Consultations with congress.--The Trade Representative 
     shall submit to the Congress--
       (A) within 6 months after the onset of negotiations, a 
     preliminary draft of the labor review conducted under this 
     subsection; and
       (B) not later than 90 calendar days before the agreement is 
     signed by the President, the final version of the labor 
     review.
       (5) Participation of other departments and agencies.--(A) 
     In conducting the review required under paragraph (1), the 
     Trade Representative, the Secretary of Labor, and the 
     International Trade Commission shall draw upon the knowledge 
     of the departments and agencies with relevant expertise in 
     the subject matter under consideration.
       (B)(i) The heads of the departments and agencies referred 
     to in subparagraph (A) shall provide such resources as are 
     necessary to conduct the review required under this 
     subsection.
       (ii) The President, in preparing the budget of the United 
     States Government each year for submission to the Congress, 
     shall include adequate funds for the departments and agencies 
     referred to in subparagraph (A) to carry out their 
     responsibilities under this subsection.
       (6) Consultation with the advisory committee.--In 
     developing proposals under paragraph (2)(D), the Trade 
     Representative and the Secretary of Labor shall consult with 
     the labor general policy advisory committee established 
     pursuant to section 135(c)(1) of the Trade Act of 1974 (19 
     U.S.C. 2155(c)(1)), as amended by subsection (d)(6)(A) of 
     this section.
       (7) Public participation.--The Trade Representative shall 
     publish the preliminary and final labor reviews in the 
     Federal Register. The Trade Representative shall take into 
     account comments received from the public pursuant to notices 
     published under this subsection and shall include in the 
     final review a discussion of the public comments reflected in 
     the review.
       (f) Notice of Effect on United States Trade Remedies.--
       (1) Notice.--In any case in which negotiations being 
     conducted to conclude a trade agreement under section 2104(b) 
     could affect the trade remedy laws of the United States or 
     the rights or obligations of the United States under the 
     Antidumping Agreement, the Agreement on Subsidies and 
     Countervailing Measures, or the Agreement on Safeguards, 
     except insofar as such negotiations are directly and 
     exclusively related to perishable and seasonal agricultural 
     products, the Trade Representative shall, at least 90 
     calendar days before the President signs the agreement, 
     notify the Congress of the specific language that is the 
     subject of the negotiations and the specific possible impact 
     on existing United States laws and existing United States 
     rights and obligations under those WTO Agreements.
       (2) Definition.--In this subsection, the term ``trade 
     remedy laws of the United States'' means section 337 of the 
     Tariff Act of 1930 (19 U.S.C. 1337), title VII of the Tariff 
     Act of 1930 (19 U.S.C. 1671 et seq.), chapter 1 of title II 
     of the Trade Act of 1974 (19 U.S.C. 2251 et seq.), title III 
     of the Trade Act of 1974 (19 U.S.C. 2411 et seq.), section 
     406 of the Trade Act of 1974 (19 U.S.C. 2436), and chapter 2 
     of title IV of the Trade Act of 1974 (19 U.S.C. 2451 et 
     seq.).
       (g) Report on Investment Dispute Settlement Mechanism.--If 
     any agreement concluded under section 2104(b) with respect to 
     trade and investment includes a dispute settlement mechanism 
     allowing an investor to bring a claim directly against a 
     country, the President shall submit a report to the Congress, 
     not later than 90 calendar days before the President signs 
     the agreement, explaining in detail the meaning of each 
     standard included in the dispute settlement mechanism, and 
     explaining how the agreement does not interfere with the 
     exercise by a signatory to the agreement of its police powers 
     under its national (including State and local) laws, 
     including legitimate health, safety, environmental, consumer, 
     and employment opportunity laws and regulations.
       (h) Consultation With Congress Before Agreements Entered 
     Into.--
       (1) Consultation.--Before entering into any trade agreement 
     under section 2104(b), the President shall consult with--
       (A) the Committee on Ways and Means of the House of 
     Representatives and the Committee on Finance of the Senate;
       (B) the congressional trade advisers; and
       (C) each other committee of the House and the Senate, and 
     each joint committee of the Congress, which has jurisdiction 
     over legislation involving subject matters which would be 
     affected by the trade agreement.
       (2) Scope.--The consultation described in paragraph (1) 
     shall include consultation with respect to--
       (A) the nature of the agreement;
       (B) how and to what extent the agreement will achieve the 
     applicable purposes, policies, and objectives of this Act; 
     and
       (C) the implementation of the agreement under section 2107, 
     including the general effect of the agreement on existing 
     laws.
       (i) Advisory Committee Reports.--The report required under 
     section 135(e)(1) of the Trade Act of 1974 regarding any 
     trade agreement entered into under section 2104(a) or (b) of 
     this title shall be provided to the President, the Congress, 
     and the Trade Representative not later than 30 calendar days 
     after the date on which the President notifies the

[[Page S4420]]

     Congress under section 2107(a)(1)(A) of the President's 
     intention to enter into the agreement.
       (j) ITC Assessment.--
       (1) In general.--The President, at least 90 calendar days 
     before the day on which the President enters into a trade 
     agreement under section 2104(b), shall provide the 
     International Trade Commission (referred to in this 
     subsection as ``the Commission'') with the details of the 
     agreement as it exists at that time and request the 
     Commission to prepare and submit an assessment of the 
     agreement as described in paragraph (2). Between the time the 
     President makes the request under this paragraph and the time 
     the Commission submits the assessment, the President shall 
     keep the Commission current with respect to the details of 
     the agreement.
       (2) ITC assessment.--Not later than 90 calendar days after 
     the President enters into the agreement, the Commission shall 
     submit to the President and the Congress a report assessing 
     the likely impact of the agreement on the United States 
     economy as a whole and on specific industry sectors, 
     including the impact the agreement will have on the gross 
     domestic product, exports and imports, aggregate employment 
     and employment opportunities, the production, employment, and 
     competitive position of industries likely to be significantly 
     affected by the agreement, and the interests of United States 
     consumers.
       (3) Review of empirical literature.--In preparing the 
     assessment, the Commission shall review available economic 
     assessments regarding the agreement, including literature 
     regarding any substantially equivalent proposed agreement, 
     and shall provide in its assessment a description of the 
     analyses used and conclusions drawn in such literature, and a 
     discussion of areas of consensus and divergence between the 
     various analyses and conclusions, including those of the 
     Commission regarding the agreement.
       (k) Rules of House of Representatives and Senate.--Section 
     2104(c), section 2105(c), and subsection (c) of this section 
     are enacted by the Congress--
       (1) as an exercise of the rulemaking power of the House of 
     Representatives and the Senate, respectively, and as such are 
     deemed a part of the rules of each House, respectively, and 
     such procedures supersede other rules only to the extent that 
     they are inconsistent with such other rules; and
       (2) with the full recognition of the constitutional right 
     of either House to change the rules (so far as relating to 
     the procedures of that House) at any time, in the same 
     manner, and to the same extent as any other rule of that 
     House.

     SEC. 2107. IMPLEMENTATION OF TRADE AGREEMENTS.

       (a) In General.--
       (1) Notification, submission, and enactment.--Any agreement 
     entered into under section 2104(b) shall enter into force 
     with respect to the United States if (and only if)--
       (A) the President, at least 120 calendar days before the 
     day on which the President enters into the trade agreement, 
     notifies the House of Representatives and the Senate of the 
     President's intention to enter into the agreement, and 
     promptly thereafter publishes notice of such intention in the 
     Federal Register;
       (B) the President, at least 90 calendar days before the day 
     on which the President enters into the trade agreement, 
     certifies to the Congress the trade agreement substantially 
     achieves the principal negotiating objectives set forth in 
     section 2102 and those developed under section 2105(b)(1);
       (C) within 60 calendar days after entering into the 
     agreement, the President submits to the Congress a 
     description of those changes to existing laws that the 
     President considers would be required in order to bring the 
     United States into compliance with the agreement;
       (D) after entering into the agreement, the President 
     submits to the Congress a copy of the final legal text of the 
     agreement, together with--
       (i) a draft of an implementing bill;
       (ii) a statement of any administrative action proposed to 
     implement the trade agreement; and
       (iii) the supporting information described in paragraph 
     (2); and
       (E) the implementing bill is enacted into law.
       (2) Supporting information.--The supporting information 
     required under paragraph (1)(D)(iii) consists of--
       (A) an explanation as to how the implementing bill and 
     proposed administrative action will change or affect existing 
     law; and
       (B) a statement--
       (i) asserting that the agreement substantially achieves the 
     applicable purposes, policies, and objectives of this Act; 
     and
       (ii) setting forth the reasons of the President regarding--

       (I) how and to what extent the agreement substantially 
     achieves the applicable purposes, policies, and objectives 
     referred to in clause (i), and why and to what extent the 
     agreement does not achieve other applicable purposes, 
     policies, and objectives;
       (II) how the agreement serves the interests of United 
     States commerce; and
       (III) why the implementing bill and proposed administrative 
     action is required or appropriate to carry out the agreement;

       (iii) describing the efforts made by the President to 
     obtain international exchange rate equilibrium and any effect 
     the agreement may have regarding increased international 
     monetary stability; and
       (iv) describing the extent, if any, to which--

       (I) each foreign country that is a party to the agreement 
     maintains non-commercial state trading enterprises that may 
     adversely affect, nullify, or impair the benefits to the 
     United States under the agreement; and
       (II) the agreement applies to or affects purchases and 
     sales by such enterprises.

       (3) Reciprocal benefits.--In order to ensure that a foreign 
     country that is not a party to a trade agreement entered into 
     under section 2104(b) does not receive benefits under the 
     agreement unless the country is also subject to the 
     obligations under the agreement, the implementing bill 
     submitted with respect to the agreement shall provide that 
     the benefits and obligations under the agreement apply only 
     to the parties to the agreement, if such application is 
     consistent with the terms of the agreement. The implementing 
     bill may also provide that the benefits and obligations under 
     the agreement do not apply uniformly to all parties to the 
     agreement, if such application is consistent with the terms 
     of the agreement.
       (b) Limitations on Fast Track Procedures; Concurrence by 
     Congressional Trade Advisers in President's Certification.--
       (1) Concurrence by congressional trade advisers.--The fast 
     track procedures shall not apply to any implementing bill 
     submitted with respect to a trade agreement of which notice 
     was provided under subsection (a)(1)(A) unless a majority of 
     the congressional trade advisers, by a vote held not later 
     than 30 days after the President submits the certification to 
     Congress under subsection (a)(1)(B) with respect to the trade 
     agreement, concur in the President's certification. The 
     failure of the congressional trade advisers to hold a vote 
     within that 30-day period shall be considered to be 
     concurrence in the President's certification.
       (2) Computation of time period.--The 30-day period referred 
     to in paragraph (1) shall be computed without regard to--
       (A) the days on which either House of Congress is not in 
     session because of an adjournment of more than 3 days to a 
     day certain or an adjournment of the Congress sine die; and
       (B) any Saturday and Sunday, not excluded under 
     subparagraph (A), when either House of Congress is not in 
     session.

     SEC. 2108. TREATMENT OF CERTAIN TRADE AGREEMENTS.

       (a) Certain Agreements.--Notwithstanding section 
     2104(b)(2), if an agreement to which section 2104(b) 
     applies--
       (1) is entered into under the auspices of the World Trade 
     Organization regarding the rules of origin work program 
     described in article 9 of the Agreement on Rules of Origin,
       (2) is entered into otherwise under the auspices of the 
     World Trade Organization,
       (3) is entered into with Chile,
       (4) is entered into with Singapore, or
       (5) establishes a Free Trade Area for the Americas,
     and results from negotiations that were commenced before the 
     date of the enactment of this title, subsection (b) shall 
     apply.
       (b) Treatment of Agreements.--In the case of any agreement 
     to which subsection (a) applies--
       (1) the applicability of the fast track procedures to 
     implementing bills shall be determined without regard to the 
     requirements of section 2105; and
       (2) the President shall consult regarding the negotiations 
     described in subsection (a) with the committees described in 
     section 2105(b)(1) and the congressional trade advisers as 
     soon as feasible after the enactment of this title.
       (c) Applicability of Environmental Assessment.--
       (1) Uruguay round agreements and ftaa.--With respect to 
     agreements identified in paragraphs (2) and (5) of subsection 
     (a)--
       (A) the notice required under section 2106(d)(3) shall be 
     given not later than 30 days after the date of the enactment 
     of this Act; and
       (B) the preliminary draft of the environmental assessment 
     required under section 2106(d)(4) shall be submitted to the 
     Congress not later than 18 months after such date of 
     enactment.
       (2) Chile and singapore.--With respect to agreements 
     identified in paragraphs (3) and (4) of subsection (a), the 
     Trade Representative shall consult with the Committee on Ways 
     and Means of the House of Representatives and the Committee 
     on Finance of the Senate to determine the appropriate time 
     frame for submission to the Congress of an environmental 
     assessment meeting the requirements of section 2106(d)(2).
       (3) Rules of origin.--The requirements of section 
     2106(d)(1) shall not apply to an agreement identified in 
     subsection (a)(1).
       (d) Applicability of Labor Review.--
       (1) Uruguay round agreements and ftaa.--With respect to 
     agreements identified in paragraphs (2) and (5) of subsection 
     (a)--
       (A) the notice required under section 2106(e)(3) shall be 
     given not later than 30 days after the date of the enactment 
     of this title; and
       (B) the preliminary draft of the labor review required 
     under section 2106(e)(4) shall be submitted to the Congress 
     not later than 18 months after such date of enactment.
       (2) Chile and singapore.--With respect to agreements 
     identified in paragraphs (3) and (4) of subsection (a), the 
     Trade Representative shall consult with the Committee on Ways 
     and Means of the House of Representatives and the Committee 
     on Finance of the

[[Page S4421]]

     Senate to determine the appropriate time frame for submission 
     to the Congress of an environmental assessment meeting the 
     requirements of section 2106(e)(2).
       (3) Rules of origin.--The requirements of section 
     2106(e)(1) shall not apply to an agreement identified in 
     subsection (a)(1).

     SEC. 2109. ADDITIONAL REPORT AND STUDIES.

       (a) Report on Trade-Restrictive Practices.--Not later than 
     1 year after the date of the enactment of this title, the 
     President shall transmit to the Congress a report on trade-
     restrictive practices of foreign countries that are promoted, 
     enabled, or facilitated by governmental or private entities 
     in those countries, or that involve the delegation of 
     regulatory powers to private entities.
       (b) Annual Study on Fluctuations in Exchange Rate.--The 
     Trade Representative shall prepare and submit to the 
     Congress, not later than ____ of each year, a study of how 
     fluctuations in the exchange rate caused by the monetary 
     policies of the trading partners of the United States affect 
     trade.

     SEC. 2110. ADDITIONAL IMPLEMENTATION AND ENFORCEMENT 
                   REQUIREMENTS.

       (a) In General.--At the time the President submits to the 
     Congress the final text of an agreement pursuant to section 
     2107(a)(1)(C), the President shall also submit a plan for 
     implementing and enforcing the agreement. The implementation 
     and enforcement plan shall include the following:
       (1) Border personnel requirements.--A description of 
     additional personnel required at border entry points, 
     including a list of additional customs and agricultural 
     inspectors.
       (2) Agency staffing requirements.--A description of 
     additional personnel required by Federal agencies responsible 
     for monitoring, implementing, and enforcing the trade 
     agreement, including personnel required by the Office of the 
     United States Trade Representative, the Department of 
     Commerce, the Department of Agriculture (including additional 
     personnel required to evaluate sanitary and phytosanitary 
     measures in order to obtain market access for United States 
     exports), the Department of the Treasury, the Environmental 
     Protection Agency, the Department of the Interior, the 
     Department of Labor, and such other departments and agencies 
     as may be necessary.
       (3) Customs infrastructure requirements.--A description of 
     the additional equipment and facilities needed by the United 
     States Customs Service.
       (4) Impact on state and local governments.--A description 
     of the impact the trade agreement will have on State and 
     local governments as a result of increases in trade.
       (5) Cost analysis.--An analysis of the costs associated 
     with each of the items listed in paragraphs (1) through (4).
       (b) Budget Submission.--The President shall include a 
     request for the resources necessary to support the plan 
     described in subsection (a) in the first budget that the 
     President submits to the Congress after the submission of the 
     plan.

     SEC. 2111. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) In General.--Title I of the Trade Act of 1974 (19 
     U.S.C. 2111 et seq.) is amended as follows:
       (1) Implementing bill.--
       (A) Section 151(b)(1) (19 U.S.C. 2191(b)(1)) is amended by 
     striking ``section 1103(a)(1) of the Omnibus Trade and 
     Competitiveness Act of 1988, or section 282 of the Uruguay 
     Round Agreements Act'' and inserting ``section 282 of the 
     Uruguay Round Agreements Act, or section 2107(a)(1) of the 
     Comprehensive Trade Negotiating Authority Act of 2002''.
       (B) Section 151(c)(1) (19 U.S.C. 2191(c)(1)) is amended by 
     striking ``or section 282 of the Uruguay Round Agreements 
     Act'' and inserting ``, section 282 of the Uruguay Round 
     Agreements Act, or section 2107(a)(1) of the Comprehensive 
     Trade Negotiating Authority Act of 2002''.
       (2) Advice from international trade commission.--Section 
     131 (19 U.S.C. 2151) is amended--
       (A) in subsection (a)--
       (i) in paragraph (1), by striking ``section 123 of this Act 
     or section 1102 (a) or (c) of the Omnibus Trade and 
     Competitiveness Act of 1988,'' and inserting ``section 123 of 
     this Act or section 2104(a) or (b) of the Comprehensive Trade 
     Negotiating Authority Act of 2002,''; and
       (ii) in paragraph (2), by striking ``section 1102 (b) or 
     (c) of the Omnibus Trade and Competitiveness Act of 1988'' 
     and inserting ``section 2104(b) of the Comprehensive Trade 
     Negotiating Authority Act of 2002'';
       (B) in subsection (b), by striking ``section 
     1102(a)(3)(A)'' and inserting ``section 2104(a)(3)(A) of the 
     Comprehensive Trade Negotiating Authority Act of 2002'' 
     before the end period; and
       (C) in subsection (c), by striking ``section 1102 of the 
     Omnibus Trade and Competitiveness Act of 1988,'' and 
     inserting ``section 2104 of the Comprehensive Trade 
     Negotiating Authority Act of 2002,''.
       (3) Hearings and advice.--Sections 132, 133(a), and 134(a) 
     (19 U.S.C. 2152, 2153(a), and 2154(a)) are each amended by 
     striking ``section 1102 of the Omnibus Trade and 
     Competitiveness Act of 1988,'' each place it appears and 
     inserting ``section 2104 of the Comprehensive Trade 
     Negotiating Authority Act of 2002,''.
       (4) Prerequisites for offers.--Section 134(b) (19 U.S.C. 
     2154(b)) is amended by striking ``section 1102 of the Omnibus 
     Trade and Competitiveness Act of 1988'' and inserting 
     ``section 2104 of the Comprehensive Trade Negotiating 
     Authority Act of 2002''.
       (5) Advice from private and public sectors.--Section 135 
     (19 U.S.C. 2155) is amended--
       (A) in subsection (a)(1)(A), by striking ``section 1102 of 
     the Omnibus Trade and Competitiveness Act of 1988'' and 
     inserting ``section 2104 of the Comprehensive Trade 
     Negotiating Authority Act of 2002'';
       (B) in subsection (e)(1)--
       (i) by striking ``section 1102 of the Omnibus Trade and 
     Competitiveness Act of 1988'' each place it appears and 
     inserting ``section 2104 of the Comprehensive Trade 
     Negotiating Authority Act of 2002''; and
       (ii) by striking ``section 1103(a)(1)(A) of such Act of 
     1988'' and inserting ``section 2107(a)(1)(A) of the 
     Comprehensive Trade Negotiating Authority Act of 2002''; and
       (C) in subsection (e)(2), by striking ``section 1101 of the 
     Omnibus Trade and Competitiveness Act of 1988'' and inserting 
     ``section 2102 of the Comprehensive Trade Negotiating 
     Authority Act of 2002''.
       (6) Transmission of agreements to congress.--Section 162(a) 
     (19 U.S.C. 2212(a)) is amended by striking ``or under section 
     1102 of the Omnibus Trade and Competitiveness Act of 1988'' 
     and inserting ``or under section 2104 of the Comprehensive 
     Trade Negotiating Authority Act of 2002''.
       (b) Application of Certain Provisions.--For purposes of 
     applying sections 125, 126, and 127 of the Trade Act of 1974 
     (19 U.S.C. 2135, 2136(a), and 2137)--
       (1) any trade agreement entered into under section 2104 
     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 2104 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. 2112. DEFINITIONS.

       In this title:
       (1) Agreements.--Any reference to any of the following 
     agreements is a reference to that same agreement referred to 
     in section 101(d) of the Uruguay Round Agreements Act (19 
     U.S.C. 3511(d)):
       (A) The Agreement on Agriculture.
       (B) The Agreement on the Application of Sanitary and 
     Phytosanitary Measures.
       (C) The Agreement on Technical Barriers to Trade.
       (D) The Agreement on Trade-Related Investment Measures.
       (E) The Agreement on Implementation of Article VI of the 
     General Agreement on Tariffs and Trade 1994.
       (F) The Agreement on Rules of Origin.
       (G) The Agreement on Subsidies and Countervailing Measures.
       (H) The Agreement on Safeguards.
       (I) The General Agreement on Trade in Services.
       (J) The Agreement on Trade-Related Aspects of Intellectual 
     Property Rights.
       (K) The Agreement on Government Procurement.
       (2) Antidumping agreement.--The term ``Antidumping 
     Agreement'' means the Agreement on Implementation of Article 
     VI of the General Agreement on Tariffs and Trade 1994.
       (3) Appellate body; dispute settlement body; dispute 
     settlement panel; dispute settlement understanding.--The 
     terms ``Appellate Body'', ``Dispute Settlement Body'', 
     ``dispute settlement panel'', and ``Dispute Settlement 
     Understanding'' have the meanings given those terms in 
     section 121 of the Uruguay Round Agreements Act (35 U.S.C. 
     3531).
       (4) Business confidential.--Information or evidence is 
     ``business confidential'' if disclosure of the information or 
     evidence is likely to cause substantial harm to the 
     competitive position of the entity from which the information 
     or evidence would be obtained.
       (5) Congressional trade advisers.--The term ``congressional 
     trade advisers'' means the congressional advisers for trade 
     policy and negotiations designated under section 161(a)(1) of 
     the Trade Act of 1974 (19 U.S.C. 2211(a)(1)).
       (6) FTAA.--The term ``FTAA'' means the Free Trade Area of 
     the Americas or comparable agreement reached between the 
     United States and the countries in the Western Hemisphere.
       (7) FTAA agreement.--The term ``FTAA agreements'' means any 
     agreements entered into to establish or carry out the FTAA.
       (8) FTAA member; ftaa member country.--The terms ``FTAA 
     member'' and ``FTAA member country'' mean a country that is a 
     member of the FTAA.
       (9) GATT 1994.--The term ``GATT 1994'' has the meaning 
     given that term in section 2 of the Uruguay Round Agreements 
     Act (19 U.S.C. 3501).
       (10) ILO.--The term ``ILO'' means the International Labor 
     Organization.
       (11) Implementing bill.--The term ``implementing bill'' has 
     the meaning given that term in section 151(b)(1) of the Trade 
     Act of 1974 (19 U.S.C. 2191(b)(1)).
       (12) NAFTA.--The term ``NAFTA'' means the North American 
     Free Trade Agreement.
       (13) Trade representative.--The term ``Trade 
     Representative'' means the United States Trade 
     Representative.
       (14) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen;

[[Page S4422]]

       (B) a partnership, corporation, or other legal entity 
     organized under the laws of the United States; and
       (C) a partnership, corporation, or other legal entity that 
     is organized under the laws of a foreign country and is 
     controlled by entities described in subparagraph (B) or 
     United States citizens, or both.
       (15) Uruguay round agreements.--The term ``Uruguay Round 
     Agreements'' has the meaning given that term in section 2(7) 
     of the Uruguay Round Agreements Act (19 U.S.C. 3501(7)).
       (16) WTO.--The term ``WTO'' means the organization 
     established pursuant to the WTO Agreement.
       (17) WTO agreement.--The term ``WTO Agreement'' means the 
     Agreement Establishing the World Trade Organization entered 
     into on April 15, 1994.
                                  ____

  SA 3423. Mr. ALLEN submitted an amendment intended to be proposed to 
amendment SA 3401 proposed by Mr. Baucus (for himself and Mr. Grassley) 
to the bill (H.R. 3009) to extend the Andean Trade Preference Act, to 
grant additional trade benefits under that Act, and for other purposes; 
which was ordered to lie on the table; as follows:

       Section 204(b) of the Andean Trade Preference Act, as 
     amended by section 3102, is amended in paragraph (5)(B)(vi) 
     by inserting before the period the following: ``and the 
     Ministerial Declaration on Trade in Information Technology 
     Products adopted by the WTO at Singapore on December 13, 
     1996''.
                                  ____

  SA 3424. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 3401 proposed by Mr. Baucus (for himself and 
Mr. Grassley) to the bill (H.R. 3009) to extend the Andean Trade 
Preference Act, to grant additional trade benefits under that Act, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of Division B, add the following:

     SEC. ____. MODIFICATION TO CELLAR TREATMENT OF NATURAL WINE.

       (a) In General.--Subsection (a) of section 5382 of the 
     Internal Revenue Code of 1986 (relating to cellar treatment 
     of natural wine) is amended to read as follows:
       ``(a) Proper Cellar Treatment.--
       ``(1) In general.--Proper cellar treatment of natural wine 
     constitutes--
       ``(A) subject to paragraph (2), those practices and 
     procedures in the United States, whether historical or newly 
     developed, of using various methods and materials to 
     stabilize the wine, or the fruit juice from which it is made, 
     so as to produce a finished product acceptable in good 
     commercial practice, and
       ``(B) subject to paragraph (3), in the case of imported 
     wine, those practices and procedures acceptable to the United 
     States under an international agreement or treaty.
       ``(2) Recognition of continuing treatment.--For purposes of 
     paragraph (1)(A), where a particular treatment has been used 
     in customary commercial practice in the United States, it 
     shall continue to be recognized as a proper cellar treatment 
     in the absence of regulations prescribed by the Secretary 
     finding such treatment not to be proper cellar treatment 
     within the meaning of this subsection.
       ``(3) Certification of practices and procedures for 
     imported wine.--
       ``(A) In general.--In the case of imported wine which does 
     not meet the requirements set forth in paragraph (1)(B), the 
     Secretary shall accept the practices and procedures used to 
     produce such wine, if, at the time of importation--
       ``(i) the importer provides the Secretary with a 
     certification from the government of the producing country, 
     accompanied by an affirmed laboratory analysis, that the 
     practices and procedures used to produce the wine constitute 
     proper cellar treatment under paragraph (1), or
       ``(ii) in the case of an importer that owns or controls or 
     that has an affiliate that owns or controls a winery 
     operating under a basic permit issued by the Secretary, the 
     importer certifies that the practices and procedures used to 
     produce the wine constitute proper cellar treatment under 
     paragraph (1).
       ``(B) Affiliate defined.--For purposes of this paragraph, 
     the term `affiliate' has the meaning given such term by 
     section 117(a)(4) of the Federal Alcohol Administration Act 
     (27 U.S.C. 211(a)(4)) and includes a winery's parent or 
     subsidiary or any other entity in which the winery's parent 
     or subsidiary has an ownership interest.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on January 1, 2004.
                                  ____

  SA 3425. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 3401 proposed by Mr. Baucus (for himself and 
Mr. Grassley) to the bill (H.R. 3009) to extend the Andean Trade 
Preference Act, to grant additional trade benefits under that Act, and 
for other purposes; which was order to lie on the table; as follows:

       Section 2107 is amended by striking paragraph (4) and 
     inserting the following:
       (C) 3 at-large members, appointed as follows:
       (i) 2 to be appointed by the majority leader, in 
     consultation with the chairman of the Committee on Finance; 
     and
       (ii) 1 to be appointed by the minority leader, in 
     consultation with the ranking member of the Committee on 
     Finance.
       (4) Accreditation.--Each member of the Congressional 
     Oversight Group described in paragraphs (2)(A), (3)(A), and 
     (3)(C) shall be accredited by the United States Trade 
     Representative on behalf of the President as official 
     advisers to the United States delegation in negotiations for 
     any trade agreement to which this title applies. Each member 
     of the Congressional Oversight Group described in paragraphs 
     (2)(B) and (3)(B) shall be accredited by the United States 
     Trade Representative on behalf of the President as official 
     advisers to the United States delegation in the negotiations 
     by reason of which the member is in the Congressional 
     Oversight Group. The Congressional Oversight Group shall 
     consult with and provide advice to the Trade Representative 
     regarding the formulation of specific objectives, negotiating 
     strategies and positions, the development of the applicable 
     trade agreement, and compliance and enforcement of the 
     negotiated commitments under the trade agreement.
                                  ____

  SA 3426. Mr. LEVIN (for himself and Ms. Stabenow) submitted an 
amendment intended to be proposed to amendment SA 3401 proposed by Mr. 
Baucus (for himself and Mr. Grassley) to the bill (H.R. 3009) to extend 
the Andean Trade Preference Act, to grant additional trade benefits 
under that Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. PILOT PROJECT FOR INTERNATIONAL CUSTOMS ZONE FOR 
                   UNITED STATES-CANADA.

       (a) Findings.--Congress makes the following findings:
       (1) The increased security and safety concerns that 
     developed in the aftermath of the terrorist attacks in the 
     United States on September 11, 2001, need to be addressed.
       (2) One concern that has come to light is the vulnerability 
     of the international bridges and tunnels along the United 
     States-Canada Border.
       (3) It is necessary to ensure that potentially dangerous 
     vehicles are inspected prior to crossing those bridges and 
     tunnels, however, currently, these vehicles are not inspected 
     until after they have crossed into the United States.
       (4) Establishing a joint inspection site would address 
     these concerns by inspecting vehicles before they gained 
     access to the infrastructure of international bridges and 
     tunnels leading into the United States.
       (b) Joint Pilot Program.--
       (1) In general.--The Commissioner of Customs, in 
     consultation with the Canadian Customs Service, shall seek to 
     establish a pilot program for an international customs zone 
     for the joint inspection of vehicles at the United States-
     Canada Border.
       (2) Elements of the program.--Pursuant to section 629(a) of 
     the Tariff Act of 1930, the Commissioner shall endeavor to--
       (A) locate the pilot program in an area with a bridge or 
     tunnel that has a high traffic volume, significant commercial 
     activity, and has experienced backups and delays since 
     September 11, 2001;
       (B) ensure that to conduct and facilitate joint 
     inspections, United States Customs officers are stationed on 
     the Canadian side of the zone and that Canadian customs 
     officers are stationed on the United States side of the zone;
       (C) ensure that United States Customs officers stationed on 
     the Canadian side of the zone are vested with the fullest 
     authority provided under section 629(b) of the Tariff Act of 
     1930 as permitted by Canada; and
       (D) encourage appropriate officials of the United States to 
     permit Canadian customs officers stationed on the United 
     States side of the zone to exercise the fullest authority 
     authorized under section 629(e) of such Act as permitted by 
     Canada.
       (3) Pilot evaluation report.--The Commissioner shall 
     prepare and submit a report evaluating the pilot program to 
     the appropriate committees by September 30, 2003.
       (4) Definition.--In this subsection, the term ``appropriate 
     committees'' means the Committee on Appropriations of the 
     Senate and the Committee on Appropriations of the House of 
     Representatives.
       (c) Additional Requirements.--In carrying out the pilot 
     program, the Commissioner--
       (1) shall seek to involve the utilization of joint customs 
     inspection facilities, inspection and commercial transaction 
     technologies, and personnel, consistent with the agreements 
     that are developed and implemented between the United States 
     Customs Service and the Canadian Customs Service; and
       (2) shall ensure that the program is carried out with 
     special sensitivity to sovereignty issues affecting both 
     countries and is consistent with Canadian laws and customs.
                                  ____

  SA 3427. Mr. GREGG proposed an amendment to amendment SA 3401 
proposed by Mr. Baucus (for himself and Mr. Grassley) to the bill (H.R. 
3009) to extend the Andean Trade Preference Act, to grant additional 
trade benefits

[[Page S4423]]

under that Act, and for other purposes; as follows:

       Strike section 243(b) of the Trade Act of 1974 as added by 
     section 111.

                          ____________________