II

103D CONGRESS

2D SESSION S. 2090

To provide negotiating authority for a trade agreement with Chile, but to

apply fast track procedures only to such an agreement that contains

certain provisions relating to worker rights and the environment.

IN THE SENATE OF THE UNITED STATES

MAY 9 (legislative day, MAY 2), 1994

Mr. MITCHELL (for Mr. WOFFORD) introduced the following bill; which was

read twice and referred to the Committee on Finance

A BILL

To provide negotiating authority for a trade agreement with

Chile, but to apply fast track procedures only to such

an agreement that contains certain provisions relating

to worker rights and the environment.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Chile Free Trade

5 Agreement Negotiating Act of 1994’’.
2

•S 2090 IS

1 SEC. 2. EXTENSION OF NEGOTIATING AUTHORITY FOR

2 TRADE AGREEMENT WITH CHILE AND OF

3 ‘‘FAST TRACK’’ PROCEDURES TO IMPLEMENT4 ING LEGISLATION.

5 Section 1102 of the Omnibus Trade and Competitive6 ness Act of 1988 (19 U.S.C. 2902) is amended by adding

7 at the end the following new subsection:

8 ‘‘(f) SPECIAL PROVISIONS REGARDING TRADE NEGO9 TIATIONS WITH CHILE.—

10 ‘‘(1) IN GENERAL.—Notwithstanding the time

11 limitation in subsection (c)(1), the President may,

12 before January 1, 1997, enter into a trade agree13 ment with Chile under subsection (c).

14 ‘‘(2) APPLICATION OF FAST TRACK PROCE15 DURES.—

16 ‘‘(A) Subject to subparagraphs (B) and

17 (C), section 1103 applies to any trade agree18 ment negotiated under subsection (c) pursuant

19 to paragraph (1), but only if the President cer20 tifies to the Congress, at the time the imple21 menting bill is submitted with respect to the

22 trade agreement, that the trade agreement—

23 ‘‘(i) contains provisions requiring the

24 parties to adhere to internationally recog25 nized worker rights (as defined in section

26 502(a)(4) of the Trade Act of 1974);
3

•S 2090 IS

1 ‘‘(ii) requires the parties to enforce

2 their environmental laws and to take steps

3 to adopt appropriate higher environmental

4 standards; and

5 ‘‘(iii) includes dispute resolution

6 mechanisms to enforce effectively the re7 quirements contained in clauses (i) and

8 (ii).

9 ‘‘(B) No provision of subsection (b) of sec10 tion 1103 other than paragraph (1)(A) applies

11 to any trade agreement described in subpara12 graph (A). In applying such paragraph, ‘Janu13 ary 1, 1997,’ shall be substituted for ‘June 1,

14 1991’.

15 ‘‘(C) The fast track procedures (as used in

16 section 1103) shall not apply to an implement17 ing bill submitted with respect to a trade agree18 ment described in subparagraph (A) if the

19 Committee on Rules of the House of Represent20 atives or the Committee on Rules and Adminis21 tration of the Senate, within 15 days after the

22 implementing bill is submitted to the Congress,

23 disapproves the President ’s certification under

24 subparagraph (A) that is included with the im25 plementing bill. Such 15-day period shall be
4

•S 2090 IS

1 computed in the manner prescribed in section

2 1103(e).

3 ‘‘(3) ADVISORY COMMITTEE REPORTS.—The re4 port required under section 135(e)(1) of the Trade

5 Act of 1974 regarding any trade agreement provided

6 for under paragraph (1), shall be provided to the

7 President, the Congress, and the United States

8 Trade Representative not later than 30 days after

9 the date on which the President notifies the Con10 gress under section 1103(a)(1)(A) of his intention to

11 enter into the agreement (but before September 1,

12 1996).

13 ‘‘(4) RULES OF HOUSE OF REPRESENTATIVES

14 AND SENATE.—This subsection is enacted by the

15 Congress—

16 ‘‘(A) as an exercise of the rulemaking

17 power of the House of Representatives and the

18 Senate, respectively, and as such is deemed a

19 part of the rules of each House, respectively,

20 and such procedures supersede other rules only

21 to the extent that they are inconsistent with

22 such other rules; and

23 ‘‘(B) with the full recognition of the con24 stitutional right of either House to change the

25 rules (so far as relating to the procedures of
5

•S 2090 IS

1 that House) at any time, in the same manner,

2 and to the same extent as any other rule of that

3 House.’’.

Æ