I
107TH CONGRESS
1ST SESSION
H. R. 3019
To provide fast-track trade negotiating authority to the President.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 4, 2001
Mr. RANGEL (for himself, Mr. LEVIN, Mr. MATSUI, and Mr. MCDERMOTT)
introduced the following bill; which was referred to the Committee on
Ways and Means, and in addition to the Committee on Rules, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To provide fast-track trade negotiating authority to the
President.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Comprehensive Trade Negotiating Authority Act of
2001’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is the following:
Sec. 1. Short title; table of contents.
Sec. 2. Negotiating objectives.
Sec. 3. Congressional trade advisers.
Sec. 4. Trade agreements authority.
Sec. 5. Commencement of negotiations.
Sec. 6. Congressional participation during negotiations.
Sec. 7. Implementation of trade agreements.
Sec. 8. Treatment of certain trade agreements.
Sec. 9. Additional report and studies.
Sec. 10. Additional implementation and enforcement requirements.
Sec. 11. Technical and conforming amendments.
Sec. 12. Definitions.
SEC. 2. NEGOTIATING OBJECTIVES.
(a) OVERALL TRADE NEGOTIATING OBJECTIVES.—
The overall trade negotiating objectives of the United
States for agreements subject to the provisions of section
4 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 recip-
rocal 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, poli-
cies, practices, and administrative and judicial deci-
sions.
(4) To ensure effective implementation of trade
commitments and obligations by strengthening the
effective operation of the rule of law by trading part-
ners 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 proc-
esses more open to participation by, workers, farm-
ers, businesses, and nongovernmental organizations.
(7) To ensure that the dispute settlement mech-
anisms in multilateral, regional, and bilateral agree-
ments 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 ac-
count 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 en-
vironment.
(15) To ensure that existing and new rules of
the WTO and of regional and bilateral trade agree-
ments 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 fol-
lowing:
(1) RECIPROCAL
TRADE
IN
AGRICULTURE.—
The principal negotiating objective of the United
States with respect to agriculture is to obtain com-
petitive opportunities for United States exports of
agricultural commodities in foreign markets equal to
the competitive opportunities afforded foreign ex-
ports 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 fol-
lowing:
(A) Reducing or eliminating, by a date cer-
tain, tariffs or other charges that decrease mar-
ket opportunities for United States exports, giv-
ing priority to those products that are subject
to significantly higher tariffs or subsidy regimes
of major producing countries and providing rea-
sonable adjustment periods for import sensitive
products of the United States, in close consulta-
tion with the Congress.
(B) Eliminating disparities between ap-
plied 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 dis-
torting domestic subsidies.
(G) When negotiating reduction or elimi-
nation 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 coun-
tries to United States subsidy levels before
agreeing to reduce or eliminate United States
subsidies.
(H) Preserving United States market de-
velopment programs, including agriculture ex-
port credit programs that allow the United
States to compete with other foreign export
promotion efforts.
(I) Maintaining bona fide food aid pro-
grams.
(J) Allowing the preservation of programs
that support family farms and rural commu-
nities 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 poli-
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 liberal-
ization commitments in agriculture.
(Q) Treating the negotiation of all issues
as a single undertaking, with implementation of
early agreements in particular sectors contin-
gent on an acceptable final package of agree-
ments on all issues.
(2) TRADE IN SERVICES.—The principal negoti-
ating 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, in-
cluding 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 excep-
tions;
(ii) remove regulatory and other bar-
riers that deny national treatment, or un-
reasonably restrict the establishment or op-
erations 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 dele-
gation of regulatory powers to private enti-
ties, and similar government acts, meas-
ures, 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 arbi-
tral 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, espe-
cially relating to audiovisual services and serv-
ice providers.
(D) Preventing discrimination against a
like service when delivered through electronic
means.
(E) Pursuing full market access and na-
tional treatment commitments for services sec-
tors essential to supporting electronic com-
merce.
(F) Broadening and deepening commit-
ments 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 behav-
ior by major suppliers, including service
suppliers that are either government owned
or controlled or recently government owned
or controlled.
(G) Broadening and deepening commit-
ments of other countries relating to financial
services.
(3) TRADE
IN
MANUFACTURED
AND
NON-
AGRICULTURAL
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 ap-
plied and bound tariffs by reducing bound tariff
levels.
(B) To negotiate an agreement that in-
cludes reciprocal commitments to eliminate du-
ties in sectors in which tariffs are currently ap-
proaching zero.
(C) To eliminate tariff and nontariff dis-
parities remaining from previous rounds of mul-
tilateral trade negotiations that have put
United States exports at a competitive dis-
advantage 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 sub-
stantial.
(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 bar-
riers to trade, including—
(i) anticompetitive restrictions on ac-
cess to product distribution networks and
information systems;
(ii) unreasonable or discriminatory in-
spection processes;
(iii) the administration of cartels, or
the promotion, enabling, or toleration of
anticompetitive activity;
(iv) unreasonable delegation of regu-
latory powers to private entities;
(v) unreasonable or discriminatory li-
censing requirements; and
(vi) similar government acts, meas-
ures, or policies affecting the sale, offering
for sale, purchase, transportation, distribu-
tion, 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 re-
spect to civil aircraft are those contained section
135(c) of the Uruguay Round Agreements Act (19
U.S.C. 3555(c)).
(5) RULES OF ORIGIN.—The principal negoti-
ating 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 Agree-
ment on Rules of Origin.
(6) DISPUTE SETTLEMENT.—The principal ne-
gotiating 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 co-
operation by the governments of WTO members
in producing evidence in connection with dis-
pute settlement proceedings, including copies of
laws, regulations, and other measures that are
the subject of or are directly relevant to the dis-
pute, 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 gov-
ernments to dispute settlement panels and the
Appellate Body be made available to the public
upon submission, providing appropriate excep-
tions for only that information included in a
submission that is classified on the basis of na-
tional 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 cam-
era treatment of only those portions of a pro-
ceeding dealing with evidence that is classified
on the basis of national security or that is busi-
ness confidential.
(F) To require that transcripts of pro-
ceedings 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 tran-
scripts that is classified on the basis of national
security or that is business confidential.
(G) To establish rules allowing for the sub-
mission of amicus curiae briefs to dispute set-
tlement 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 secu-
rity or that is business confidential.
(H) To strengthen rules protecting against
conflicts of interest by members of dispute set-
tlement panels and the Appellate Body, and
promoting the selection of such members with
the skills and time necessary to decide increas-
ingly complex cases.
(I) To pursue the establishment of formal
procedures under which dispute settlement pan-
els, the Appellate Body, and the Dispute Settle-
ment Body seek advice from other fora of com-
petent 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 require-
ment that dispute settlement panels and the
Appellate Body apply the standard of review es-
tablished in Article 17.6 of the Antidumping
Agreement and clarify that this standard of re-
view should apply to cases under the Agreement
on Subsidies and Countervailing Measures and
the Agreement on Safeguards.
(7) SANITARY
AND
PHYTOSANITARY
MEAS-
URES.—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 inter-
national standard for the basis of a sani-
tary 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 perti-
nent information, and members taking
such provisional measures seek to obtain
the additional information necessary to
complete a risk assessment within a rea-
sonable period of time. For purposes of
this clause, a reasonable period of time in-
cludes sufficient time to evaluate the po-
tential 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 la-
beling 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 trans-
parency in the preparation, adoption, and appli-
cation of labeling regulations and standards.
(9) TRADE-RELATED
ASPECTS
OF
INTELLEC-
TUAL 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 coun-
tries must implement their obligations under
the Agreement on Trade Related Aspects of In-
tellectual Property Rights (in this section also
referred to as the ‘‘TRIPs Agreement’’), pursu-
ant to paragraph 2 of Article 65 of that agree-
ment.
(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 Agree-
ment, 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 phar-
maceutical products and innovative medical de-
vices, without challenging legitimate reference
pricing systems not used as a disguised restric-
tion 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 pub-
lic health and to respond to situations of na-
tional emergency or extreme urgency, including
by taking actions that have the effect of in-
creasing access to essential medicines and med-
ical technologies.
(ii) In situations involving infectious dis-
eases, to encourage WTO members that take
actions described under clause (i) to also imple-
ment policies—
(I) to address the underlying causes
necessitating the actions, including, in the
case of infectious diseases, encouraging
practices that will prevent further trans-
mission and infection;
(II) to take steps to stimulate the de-
velopment of the infrastructure necessary
to deliver adequate health care services, in-
cluding 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 ad-
dress the problems of supply of the essen-
tial medicines and medical technologies in-
volved (other than by compulsory licens-
ing), consistent with the obligation set
forth in Article 31 of the TRIPs Agree-
ment.
(iii) To encourage members of the Organi-
zation for Economic Cooperation and Develop-
ment and the private sectors in their countries
to work with the United Nations, the World
Health Organization, and other relevant inter-
national 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 dona-
tions, sales at cost, funding of global medicines
trust funds, and developing and implementing
prevention efforts and health care infrastruc-
ture projects.
(10) TRANSPARENCY.—The principal negoti-
ating 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 deci-
sions 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 administra-
tive proceeding conducted by the govern-
ment 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 pro-
ceeding reasonable notice, in accord-
ance with domestic procedures, of
when the proceeding is initiated, in-
cluding a description of the nature of
the proceeding, a statement of the
legal authority under which the pro-
ceeding is initiated, and a general de-
scription of any issues in controversy;
(II) gives such persons a reason-
able opportunity to present facts and
arguments in support of their posi-
tions prior to any final administrative
action, when time, the nature of the
proceeding, and the public interest
permit; and
(III) is in accordance with do-
mestic law; and
(v) requiring each WTO member—
(I) to establish or maintain judi-
cial, 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 ac-
tions regarding matters covered by
any of the WTO Agreements;
(II) to ensure that, in such tribu-
nals or procedures, parties to the pro-
ceeding are afforded a reasonable op-
portunity to support or defend their
respective positions; and
(III) to ensure that such tribu-
nals or procedures issue decisions
based on the evidence and submissions
of record or, where required by do-
mestic law, the record compiled by the
office or authority entrusted with ad-
ministrative 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 agree-
ments by—
(i) encouraging the Secretariat of the
WTO to enhance the WTO website by pro-
viding improved access to a wider array of
WTO documents and information on the
trade regimes of, and other relevant infor-
mation 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 activi-
ties 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 rep-
resentatives of nongovernmental organiza-
tions, businesses and business groups,
labor unions, consumer groups, and other
representatives of civil society; and
(v) supporting the creation of a com-
mittee within the WTO to oversee imple-
mentation of the agreement reached under
this paragraph.
(11) GOVERNMENT PROCUREMENT.—The prin-
cipal negotiating objectives of the United States with
respect to government procurement are the fol-
lowing:
(A) To seek to expand the membership of
the Agreement on Government Procurement.
(B) To seek conclusion of a WTO agree-
ment on transparency in government procure-
ment.
(C) To promote global use of electronic
publication of procurement information, includ-
ing notices of procurement opportunities.
(12) TRADE REMEDY LAWS.—The principal ne-
gotiating 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, in-
cluding the antidumping, countervailing duty,
and safeguard laws, and not enter into agree-
ments that lessen in any respect the effective-
ness 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 rem-
edy,
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, in-
cluding closed markets, subsidization, govern-
ment practices promoting, enabling, or toler-
ating anticompetitive practices, and other forms
of government intervention that generate or
sustain excess, uneconomic capacity.
(13) TRADE
AND
LABOR
MARKET
STAND-
ARDS.—The principal negotiating objectives of the
United States with respect to trade and labor mar-
ket 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, in-
cluding 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 rec-
ommendations 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 inter-
national trade and investment of the sys-
tematic 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 adher-
ence to core labor standards in the Trade Policy
Review Mechanism established in Annex 3 to
the WTO Agreement.
(E) To establish a working relationship be-
tween the WTO and the ILO—
(i) to identify opportunities in trade-
affected sectors of the economies of WTO
members to improve enforcement of inter-
nationally 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 Com-
mittee on Trade and Environment of the WTO,
including 
providing 
that 
the 
Committee
would—
(i) review and comment on negotia-
tions; and
(ii) review potential effects on the en-
vironment of WTO Agreements and future
agreements of the WTO on liberalizing
trade in natural resource products.
(B) To provide for regular review of adher-
ence 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 ef-
fective 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 re-
sources if such measures are made effective in
conjunction with restrictions on domestic pro-
duction or consumption.
(F) To give priority to trade liberalization
measures that promote sustainable develop-
ment, including eliminating duties on environ-
mental goods, and obtaining commitments on
environmental services.
(G) To reduce subsidies in natural re-
source 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 multilater-
ally accepted principles for sustainable develop-
ment, including sustainable forestry and fishery
practices.
(15) INSTITUTION
BUILDING.—The principal
negotiating objectives of the United States with re-
spect to institution building are the following:
(A) To strengthen institutional mecha-
nisms within the WTO that facilitate dialogue
and coordinate activities between nongovern-
mental organizations and the WTO.
(B) To seek greater transparency of WTO
processes and procedures for all WTO members
by—
(i) promoting the improvement of in-
ternal communication between the Secre-
tariat 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 Reconstruc-
tion and Development, the International Mone-
tary Fund, the ILO, the Organization for Eco-
nomic 
Cooperation 
and 
Development, 
the
United Nations Conference on Trade and De-
velopment, and the United Nations Environ-
ment Program to increase 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 assist-
ance 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 re-
spect 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 invest-
ments;
(ii) by pursuing reduction or elimi-
nation of the exceptions to the principle of
national treatment; and
(iii) by pursuing amendment of the il-
lustrative list annexed to the WTO Agree-
ment on Trade-Related Investment Meas-
ures (in this section also referred to as the
‘‘TRIMs Agreement’’) to include forced
technology transfers, performance require-
ments, 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 para-
graph 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 enforce-
ability of and compliance with the TRIMs
Agreement.
(17) ELECTRONIC
COMMERCE.—The principal
negotiating objectives of the United States with re-
spect to electronic commerce are the following:
(A) Make permanent and binding the mor-
atorium on customs duties on electronic trans-
missions declared in the WTO Ministerial Dec-
laration of May 20, 1998.
(B) Ensure that current obligations, rules,
disciplines, and commitments under the WTO
apply to electronically delivered goods and serv-
ices.
(C) Ensure that the classification of elec-
tronically 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 commit-
ments than like products delivered in physical
form.
(E) Ensure that governments refrain from
implementing trade-related measures that im-
pede electronic commerce.
(F) Where legitimate policy objectives re-
quire domestic regulations that affect electronic
commerce, to obtain commitments that any
such regulations are nondiscriminatory, trans-
parent, and promote an open market environ-
ment.
(G) Pursue a procompetitive regulatory en-
vironment for basic and value-added tele-
communications services abroad, so as to facili-
tate 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 re-
spect to developing countries are the following:
(A) To enter into trade agreements that
promote the economic growth of both devel-
oping 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-devel-
oped 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 de-
velop rules to address large and persistent global
current account imbalances of countries, including
imbalances that threaten the stability of the inter-
national trading system, by imposing greater respon-
sibility on such countries to undertake policy
changes aimed at restoring current account equi-
librium, including expedited implementation of trade
agreements where feasible and appropriate or by of-
fering debt repayment on concessional terms.
(20) TRADE AND MONETARY COORDINATION.—
The principal negotiating objective of the United
States with respect to trade and monetary coordina-
tion 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 insti-
tutions in order to protect against the trade con-
sequences 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 fol-
lowing:
(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, infrastruc-
ture equipment, scientific instruments, and
medical equipment.
(C) To pursue the reduction of foreign bar-
riers to high technology products of the United
States.
(D) To enforce and promote the Agree-
ment on Technical Barriers to Trade, and en-
sure that standards, conformity assessments,
and technical regulations are not used as obsta-
cles 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 cov-
erage 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 per-
sons from all countries participating in the ap-
plicable trade agreement that are equivalent to,
or more restrictive than, the prohibitions appli-
cable 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 COMMIT-
MENTS AND IMPROVEMENT OF THE WTO AND THE
WTO AGREEMENTS.—The principal negotiating ob-
jectives of the United States with respect to imple-
mentation 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 ap-
propriate, 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 com-
petitive opportunities for United States exports of
agricultural commodities in foreign markets equal to
the competitive opportunities afforded foreign ex-
ports 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 fol-
lowing:
(A) Reducing or eliminating, by a date cer-
tain, tariffs or other charges that decrease mar-
ket opportunities for United States exports, giv-
ing priority to those products that are subject
to significantly higher tariffs or subsidy regimes
of major producing countries and providing rea-
sonable adjustment periods for import sensitive
products of the United States, in close consulta-
tion with Congress.
(B) Eliminating disparities between ap-
plied 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 sub-
sidies.
(F) Maintaining bona fide food aid pro-
grams.
(G) Allowing the preservation of programs
that support family farms and rural commu-
nities 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 discrimi-
nation against agricultural commodities, and
ensuring that the rules negotiated do not weak-
en rights and obligations under the Agreement
on 
the 
Application 
of 
Sanitary 
and
Phytosanitary Measures.
(J) Eliminating practices that adversely af-
fect trade in perishable or seasonal products,
while improving import relief mechanisms to
recognize the unique characteristics of perish-
able and seasonal agriculture. Before pro-
ceeding with negotiations with respect to agri-
culture, the Trade Representative, in consulta-
tion with the Congress, shall seek to develop a
position on the treatment of perishable and sea-
sonal food products to be employed in the nego-
tiations in order to develop a consensus on the
treatment of such products in dumping or safe-
guard 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 ob-
ligations 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 negoti-
ating objective of the United States with respect to
trade in services is to achieve, to the maximum ex-
tent possible, the elimination of barriers to, or other
distortions of, trade in services in all modes of sup-
ply and across the broadest range of service sectors
by doing the following:
(A) Pursuing agreement to treat negotia-
tion of trade in services in a negative list man-
ner whereby commitments will cover all services
and all modes of supply unless particular serv-
ices 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 ma-
jority share of a service supplier, subject to na-
tional security exceptions.
(C) Removing regulatory and other bar-
riers that deny national treatment, or unreason-
ably restrict the establishment or operations of
service suppliers in foreign markets.
(D) Eliminating additional barriers to
trade in services, including restrictions on ac-
cess to services distribution networks and infor-
mation systems, unreasonable or discriminatory
licensing requirements, administration of cartels
or toleration of anticompetitive activity, unrea-
sonable delegation of regulatory powers to pri-
vate entities, and similar government acts,
measures, or policies affecting the sale, offering
for sale, purchase, distribution, or use of serv-
ices that have the effect of restricting access of
services and service suppliers to a foreign mar-
ket.
(E) Grandfathering existing concessions
and liberalization commitments.
(F) Pursuing the strongest possible obliga-
tions to ensure that regulation of services and
service suppliers in all respects, including by
rulemaking, license-granting, standards-setting,
and through judicial, administrative, and arbi-
tral 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 na-
tional treatment commitments for services sec-
tors essential to supporting electronic com-
merce.
(J) Broadening and deepening existing
commitments by other countries relating to
basic and value-added telecommunications, in-
cluding 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 behav-
ior 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 fi-
nancial services.
(3) TRADE
IN
MANUFACTURED
AND
NON-
AGRICULTURAL
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 ap-
plied and bound tariffs by reducing bound tariff
levels.
(B) To negotiate an agreement that in-
cludes reciprocal commitments to eliminate du-
ties in sectors in which tariffs are currently ap-
proaching zero.
(C) To eliminate tariff and nontariff dis-
parities remaining from previous rounds of mul-
tilateral trade negotiations that have put
United States exports at a competitive dis-
advantage 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 sub-
stantial.
(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 bar-
riers to trade, including—
(i) anticompetitive restrictions on ac-
cess to product distribution networks and
information systems;
(ii) unreasonable or discriminatory in-
spection processes;
(iii) the administration of cartels, or
the promotion, enabling, or toleration of
anticompetitive activity;
(iv) unreasonable delegation of regu-
latory powers to private entities;
(v) unreasonable or discriminatory li-
censing requirements; and
(vi) similar government acts, meas-
ures, or policies affecting the sale, offering
for sale, purchase, transportation, distribu-
tion, or use of goods that have the effect
of restricting access of goods to a foreign
market.
(4) DISPUTE SETTLEMENT.—The principal ne-
gotiating 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 pro-
viding, in all contexts, for the use of all rem-
edies that are demonstrably effective to promote
prompt and full compliance with the decision of
a dispute settlement panel.
(C) To provide rules that promote coopera-
tion 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 dis-
pute, 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 gov-
ernments to FTAA dispute panels and any ap-
pellate body be made available to the public
upon submission, providing appropriate excep-
tions for only that information included in a
submission that is classified on the basis of na-
tional security or that is business confidential.
(E) To require that meetings of FTAA dis-
pute panels and any appellate body with the
parties to a dispute are open to other FTAA
members and the public and provide for in cam-
era treatment of only those portions of a pro-
ceeding dealing with evidence that is classified
on the basis of national security or that is busi-
ness confidential.
(F) To require that transcripts of pro-
ceedings of FTAA dispute panels and any ap-
pellate body be made available to the public
promptly, providing appropriate exceptions for
only that information included in the tran-
scripts that is classified on the basis of national
security or that is business confidential.
(G) To establish rules allowing for the sub-
mission of amicus curiae briefs to FTAA dis-
pute panels and any appellate body, and to re-
quire 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 dis-
pute panels and any appellate body, and pro-
moting the selection of members for such panels
and appellate body with the skills and time nec-
essary to decide increasingly complex cases.
(I) To pursue the establishment of formal
procedures under which the FTAA dispute pan-
els and any appellate body seek advice from
other fora of competent jurisdiction, such as the
International Court of Justice, ILO, representa-
tive bodies established under international envi-
ronmental agreements, and scientific experts.
(5) TRADE-RELATED
ASPECTS
OF
INTELLEC-
TUAL 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 re-
gional 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 embody-
ing intellectual property.
(C) To prevent or eliminate discrimination
with respect to matters affecting the avail-
ability, 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 intel-
lectual property rights, including through acces-
sible, expeditious, and effective civil, adminis-
trative, and criminal enforcement mechanisms.
(F) To secure fair, equitable and non-
discriminatory market access opportunities for
United States persons that rely upon intellec-
tual property protection.
(G) To prevent misuse of reference pricing
classification systems by developed countries as
a way to discriminate against innovative phar-
maceutical products and innovative medical de-
vices, without challenging valid reference pric-
ing systems not used as a disguised restriction
on trade.
(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, includ-
ing taking actions that have the effect of in-
creasing access to essential medicines and med-
ical technologies, where such actions are con-
sistent with obligations set forth in Article 31
of the TRIPs Agreement.
(ii) In situations involving infectious dis-
eases, to encourage FTAA members that take
actions described under clause (i) to also imple-
ment policies—
(I) to address the underlying causes
necessitating the actions, including, in the
case of infectious diseases, encouraging
practices that will prevent further trans-
mission and infection;
(II) to take steps to stimulate the de-
velopment of the infrastructure necessary
to deliver adequate health care services, in-
cluding 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 ad-
dress the problems of supply of the essen-
tial medicines and medical technologies in-
volved (other than by compulsory licens-
ing).
(iii) To encourage FTAA members and the
private sectors in their countries to work with
the United Nations, the World Health Organi-
zation, 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 medi-
cines and medical technologies through dona-
tions, sales at cost, funding or global medicines
trust funds, and developing and implementing
prevention efforts and health care infrastruc-
ture projects.
(6) TRANSPARENCY.—The principal negotiating
objectives of the United States with respect to trans-
parency are the following:
(A) To pursue the negotiation of an
agreement—
(i) requiring that government laws,
rules, and administrative and judicial deci-
sions 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 administra-
tive proceeding by any FTAA member re-
lating to any of the FTAA agreements and
applied to the persons, goods, or services of
any other FTAA member shall be con-
ducted in a manner that—
(I) gives persons of any other
FTAA member affected by the pro-
ceeding reasonable notice, in accord-
ance with domestic procedures, of
when the proceeding is initiated, in-
cluding a description of the nature of
the proceeding, a statement of the
legal authority under which the pro-
ceeding is initiated, and a general de-
scription of any issues in controversy;
(II) gives such persons a reason-
able opportunity to present facts and
arguments in support of their posi-
tions prior to any final administrative
action, when time, the nature of the
proceeding, and the public interest
permit; and
(III) is in accordance with do-
mestic law; and
(v) requiring each FTAA member—
(I) to establish or maintain judi-
cial, 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 ac-
tions regarding matters covered by
any of the FTAA agreements;
(II) to ensure that, in such tribu-
nals or procedures, parties to the pro-
ceeding are afforded a reasonable op-
portunity to support or defend their
respective positions; and
(III) to ensure that such tribu-
nals or procedures issue decisions
based on the evidence and submissions
of record or, where required by do-
mestic law, the record compiled by the
office or authority entrusted with ad-
ministrative enforcement.
(B) To require the institution of regular
meetings between officials of an FTAA secre-
tariat, if established, and representatives of
nongovernmental organizations, businesses and
business 
groups, 
labor 
unions, 
consumer
groups, and other representatives of civil soci-
ety.
(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 agree-
ments negotiated pursuant to the FTAA, the
final text of such agreements, tariff informa-
tion, regional trade statistics, and links to
websites of FTAA member countries that pro-
vide further information on government regula-
tions, procedures, and related matters.
(7) GOVERNMENT
PROCUREMENT.—The prin-
cipal negotiating objectives for the United States
with respect to government procurement are the fol-
lowing:
(A) To seek the acceptance by all FTAA
members of the Agreement on Government Pro-
curement.
(B) To seek conclusion of an agreement on
transparency in government procurement.
(C) To promote global use of electronic
publication of procurement information, includ-
ing notices of procurement opportunities.
(8) TRADE REMEDY LAWS.—The principal ne-
gotiating objectives for the United States with re-
spect to trade remedy laws are the following:
(A) To preserve the ability of the United
States to enforce vigorously its trade laws, in-
cluding the antidumping, countervailing duty,
and safeguard laws, and not enter into agree-
ments that lessen in any respect the effective-
ness 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 rem-
edy,
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, in-
cluding closed markets, subsidization, pro-
moting, enabling, or tolerating anticompetitive
practices, and other forms of government inter-
vention that generate or sustain excess, uneco-
nomic capacity.
(9) TRADE AND LABOR MARKET STANDARDS.—
The principal negotiating objectives of the United
States with respect to trade and labor market stand-
ards are the following:
(A) To include enforceable rules that pro-
vide for the adoption and enforcement of the
following core labor standards: the right of as-
sociation, the right to bargain collectively, and
prohibitions on employment discrimination,
child labor, and slave labor.
(B) 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 ef-
fectively enforce its domestic labor stand-
ards 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 in-
vestment, inhibiting exports by other
FTAA members, or otherwise gaining a
competitive advantage,
recognizing that—
(I) FTAA members retain the right to
exercise discretion with respect to inves-
tigatory, prosecutorial, regulatory, and
compliance matters and to make decisions
regarding the allocation of resources to en-
forcement with respect to other labor mat-
ters determined to have higher priorities;
and
(II) FTAA members retain the right
to establish their own domestic labor
standards, and to adopt or modify accord-
ingly 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 agree-
ments.
(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 sub-
paragraph (A); and
(ii) includes commitments by FTAA
members to provide market access incen-
tives for the least-developed FTAA mem-
bers to improve adherence to and enforce-
ment 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 adher-
ence to core labor standards.
(F) To create exceptions from the obliga-
tions 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 regula-
tions relating to—
(i) the prevention, abatement, or con-
trol of the release, discharge, or emission
of pollutants or environmental contami-
nants;
(ii) the control of environmentally
hazardous or toxic chemicals, substances,
materials and wastes, and the dissemina-
tion 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) To establish as the trigger for invoking
the dispute settlement process—
(i) an FTAA member’s failure to ef-
fectively 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 environ-
mental laws and regulations, for the pur-
pose of attracting investment, inhibiting
exports by other FTAA members, or other-
wise gaining a competitive advantage,
recognizing that—
(I) FTAA members retain the right to
exercise discretion with respect to inves-
tigatory, prosecutorial, regulatory, and
compliance matters and to make decisions
regarding the allocation of resources to en-
forcement with respect to other environ-
mental matters determined to have higher
priorities; and
(II) FTAA members retain the right
to establish their own levels of domestic
environmental 
protection 
and 
environ-
mental development policies and priorities,
and to adopt or modify accordingly envi-
ronmental policies, laws, and regulations.
(C) To provide for phased-in compliance
for least-developed countries, comparable to
mechanisms utilized in other FTAA agree-
ments.
(D) To create an FTAA work program
that—
(i) will provide guidance and technical
assistance 
to 
FTAA 
members 
in
supplementing and strengthening their en-
vironmental 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 incen-
tives for the least-developed FTAA mem-
bers to strengthen environmental laws and
regulations.
(E) To provide for regular review of adher-
ence 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 ex-
haustible natural resources if such meas-
ures are made effective in conjunction with
restrictions on domestic production or con-
sumption; and
(iii) measures taken that are in ac-
cordance with obligations under any multi-
lateral environmental agreement accepted
by both parties to a dispute.
(G) To give priority to trade liberalization
measures that promote sustainable develop-
ment, including eliminating duties on environ-
mental goods, and obtaining commitments on
environmental services.
(11) INSTITUTION
BUILDING.—The principal
negotiating objectives of the United States with re-
spect 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 Pro-
gram, 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 as-
sistance 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 re-
spect 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 inter-
national 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 inves-
tors and investments;
(ii) freeing the transfer of funds relat-
ing to investments;
(iii) reducing or eliminating perform-
ance 
requirements, 
forced 
technology
transfers, and other unreasonable barriers
to the establishment and operation of in-
vestments;
(iv) establishing standards for expro-
priation and compensation for expropria-
tion, consistent with United States legal
principles and practice, including by clari-
fying 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 Com-
mission 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 pre-
scribe only that level of treatment re-
quired by customary international law;
and
(II) a determination that there
has been a breach of another provi-
sion of the FTAA, or of a separate
international agreement, does not es-
tablish that there has been a breach
of the minimum standard of treat-
ment;
(vi) ensuring, through clarifications,
presumptions, exceptions, or other means
in the text of the agreement, that the in-
vestor protections do not interfere with an
FTAA member’s exercise of its police pow-
ers under its local, State, and national
laws (for example legitimate health, safety,
environmental, consumer, and employment
opportunity laws and regulations), includ-
ing by a clarification that the standards in
an agreement do not require use of the
least trade restrictive regulatory alter-
native;
(vii) providing an exception for ac-
tions taken in accordance with obligations
under a multilateral environmental agree-
ment 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 di-
rectly against a state may be brought
unless the investor first submits the
claim for approval to the home gov-
ernment of the investor;
(II) such approval is granted for
each claim which the investor dem-
onstrates is meritorious;
(III) such approval is considered
granted if the investor’s home govern-
ment has not acted upon the submis-
sion within a defined reasonable pe-
riod of time; and
(IV) each FTAA member estab-
lishes 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 interpreta-
tions of law.
(B) To ensure the fullest measure of trans-
parency in the dispute settlement mechanism
established, by—
(i) ensuring that all requests for dis-
pute 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 ac-
ceptance of amicus curiae submissions
from businesses, unions, and nongovern-
mental organizations.
(13) ELECTRONIC
COMMERCE.—The principal
negotiating objectives of the United States with re-
spect 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 en-
sures the most liberal trade treatment possible.
(E) Where legitimate policy objectives re-
quire domestic regulations that affect electronic
commerce, to obtain commitments that any
such regulations are nondiscriminatory, trans-
parent, and promote an open market environ-
ment.
(F) To pursue a regulatory environment
that encourages competition in basic tele-
communications services abroad, so as to facili-
tate the conduct of electronic commerce.
(14) DEVELOPING COUNTRIES.—The principal
negotiating objectives of the United States with re-
spect to developing countries are the following:
(A) To enter into trade agreements that
promote the economic growth of both devel-
oping 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-devel-
oped countries.
(C) To coordinate with the Organization of
American States, the Inter-American Develop-
ment Bank, and other regional and inter-
national 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 coordina-
tion 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 insti-
tutions in order to protect against the trade con-
sequences 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 fol-
lowing:
(A) To obtain the elimination or reduction
of foreign barriers to, and of acts, policies, or
practices by foreign governments that limit, eq-
uitable access by United States persons to for-
eign-developed technology.
(B) To seek the elimination of tariffs on
all information technology products, infrastruc-
ture equipment, scientific instruments, and
medical equipment.
(C) To pursue the reduction of foreign bar-
riers to high technology products of the United
States.
(D) To enforce and promote the Agree-
ment on Technical Barriers to Trade, and en-
sure that standards, conformity assessment,
and technical regulations are not used as obsta-
cles to trade in information technology and
communications products.
(E) To require all parties to sign the In-
formation Technology Agreement of the WTO
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 per-
sons from all FTAA member countries that are
equivalent to, or more restrictive than, the pro-
hibitions applicable to issuers, domestic con-
cerns, 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 ef-
fective 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 URU-
GUAY ROUND AGREEMENTS.—In determining wheth-
er to enter into negotiations with a particular coun-
try, the President shall take into account the extent
to which that country has implemented, or has accel-
erated the implementation of, its obligations under
the Uruguay Round Agreements.
(e) DOMESTIC OBJECTIVES.—In pursuing the negoti-
ating objectives under subsections (a) through (d), United
States negotiators shall take into account legitimate
United States domestic (including State and local) objec-
tives, 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. 3. 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 Rep-
resentatives shall—
‘‘(i) upon the recommendation of the
chairman and ranking member of the Com-
mittee on Ways and Means, select 5 mem-
bers (not more than 3 of whom are mem-
bers of the same political party) of such
committee,
‘‘(ii) upon the recommendation of the
chairman and ranking member of the Com-
mittee 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 mem-
bers 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 Com-
mittee 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 Com-
mittee on Agriculture, Nutrition, and For-
estry, select 2 members (from different po-
litical 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 ad-
vice on the development of trade policy and priorities
for the implementation thereof. They shall also be
accredited by the United States Trade Representa-
tive on behalf of the President as official advisers to
the United States delegations to international con-
ferences, meetings, dispute settlement proceedings,
and negotiating sessions relating to trade agree-
ments.’’.
SEC. 4. TRADE AGREEMENTS AUTHORITY.
(a) AGREEMENTS REGARDING TARIFF BARRIERS.—
(1) IN GENERAL.—Whenever the President de-
termines 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 Act 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 Act, 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 agree-
ment.
The President shall notify the Congress of the Presi-
dent’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 per-
cent 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 re-
duction 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 valo-
rem or a reduction of one-tenth of the total
reduction, whichever is greater, had taken
effect on the effective date of the first re-
duction 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 pro-
claimed under paragraph (1) for an article of a
kind that is not produced in the United States.
The United States International Trade Com-
mission shall advise the President of the iden-
tity of articles that may be exempted from stag-
ing under this subparagraph.
(4) ROUNDING.—If the President determines
that such action will simplify the computation of re-
ductions 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 re-
duction that may not be proclaimed by reason of
paragraph (2) may take effect only if a provision au-
thorizing such reduction is included within an imple-
menting bill provided for under section 7 and that
bill is enacted into law.
(6) OTHER TARIFF MODIFICATIONS.—Notwith-
standing paragraphs (1)(B) and (2) through (5),
and subject to the consultation and layover require-
ments of section 115 of the Uruguay Round Agree-
ments Act, the President may proclaim the modifica-
tion 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 negotia-
tion for the reciprocal elimination or harmonization
of duties under the auspices of the World Trade Or-
ganization or as part of an interim agreement lead-
ing 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 NON-
TARIFF 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 bur-
dens 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
Act will be promoted thereby, the President may
enter into a trade agreement described in subpara-
graph (B) during the period described in subpara-
graph (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 ex-
tended under subsection (c).
(2) CONDITIONS.—A trade agreement may be
entered into under this subsection only if such
agreement substantially achieves the applicable ob-
jectives described in section 2 and the conditions set
forth in sections 5, 6, and 7 are met.
(3) BILLS QUALIFYING FOR FAST TRACK PRO-
CEDURES.—(A) The provisions of section 151 of the
Trade Act of 1974 (in this Act referred to as ‘‘fast
track procedures’’) apply to a bill of either House of
Congress which contains provisions described in sub-
paragraph (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 Act be referred to as an ‘‘implementing bill’’.
(B) The provisions referred to in subparagraph
(A) are—
(i) a provision approving a trade agree-
ment entered into under this subsection and ap-
proving the statement of administrative action,
if any, proposed to implement such trade agree-
ment;
(ii) if changes in existing laws or new stat-
utory authority are required to implement such
trade agreement, provisions, necessary or ap-
propriate to implement such trade agreement or
agreements, either repealing or amending exist-
ing laws or providing new statutory authority;
and
(iii) provisions to provide trade adjustment
assistance to workers, firms, and communities.
(c) EXTENSION DISAPPROVAL PROCESS FOR CON-
GRESSIONAL FAST TRACK PROCEDURES.—
(1) IN GENERAL.—Except as provided in sec-
tion 5(c), 6(c), and 7(b)—
(A) the fast track procedures apply to im-
plementing 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 Act; and
(B) the fast track procedures shall be ex-
tended to implementing bills submitted with re-
spect 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 exten-
sion under paragraph (2); and
(ii) neither House of the Congress
adopts an extension disapproval resolution
under paragraph (6) before the date speci-
fied in subparagraph (A).
(2) REPORT
TO
CONGRESS
BY
THE
PRESI-
DENT.—If the President is of the opinion that the
fast track procedures should be extended to imple-
menting bills to carry out trade agreements under
subsection (b), the President shall submit to the
Congress, not later than 3 months before the expira-
tion 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 pur-
poses, policies, and objectives of this Act, and
a statement that such progress justifies the
continuation of negotiations; and
(C) a statement of the reasons why the ex-
tension 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 Nego-
tiations established under section 135 of the Trade
Act of 1974 (19 U.S.C. 2155) of the President’s de-
cision 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 re-
port that contains—
(A) its views regarding the progress that
has been made in negotiations to achieve the
purposes, policies, and objectives of this Act;
and
(B) a statement of its views, and the rea-
sons therefor, regarding whether the extension
requested under paragraph (2) should be ap-
proved or disapproved.
(4) REPORT TO CONGRESS BY CONGRESSIONAL
TRADE ADVISERS.—The President shall promptly in-
form the congressional trade advisers of the Presi-
dent’s decision to submit a report to the Congress
under paragraph (2). The congressional trade advis-
ers shall submit to the Congress as soon as prac-
ticable, but not later than 2 months before the expi-
ration 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 exten-
sion requested under paragraph (2) should be
approved or disapproved.
(5) REPORTS
MAY
BE
CLASSIFIED.—The re-
ports 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 ‘‘exten-
sion 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
ll disapproves the request of the President for
the extension, under section 4(c)(1)(B)(i) of the
Comprehensive Trade Negotiating Authority Act of
2001, of the fast track procedures under that Act to
any implementing bill submitted with respect to any
trade agreement entered into under section 4(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 Rep-
resentatives, 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 exten-
sion disapproval resolutions.
(D) It is not in order for—
(i) the Senate to consider any extension
disapproval resolution not reported by the Com-
mittee on Finance;
(ii) the House of Representatives to con-
sider 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 con-
sider an extension disapproval resolution after
the date that is 5 years after the date of the
enactment of this Act.
SEC. 5. COMMENCEMENT OF NEGOTIATIONS.
(a) IN GENERAL.—In order to contribute to the con-
tinued 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 devel-
opment.
Such sectors include agriculture, commercial services, in-
tellectual property rights, industrial and capital goods,
government procurement, information technology prod-
ucts, environmental technology and services, medical
equipment and services, civil aircraft, and infrastructure
products.
(b) CONSULTATION REGARDING NEGOTIATING OB-
JECTIVES.—With respect to any negotiations for a trade
agreement under section 4(b), the following shall apply:
(1) The President shall, in developing strategies
for pursuing negotiating objectives set forth in sec-
tion 2 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 Com-
mittee on Finance of the Senate;
(B) the congressional trade advisers; and
(C) other appropriate committees of Con-
gress.
(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 coun-
tries 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 fur-
ther tariff reductions based on the conclusions
reached in the assessment, and how all applicable
negotiating objectives will be met.
(c) NOTICE OF INITIATION; DISAPPROVAL RESOLU-
TIONS.—
(1) NOTICE.—The President shall—
(A) provide, at least 90 calendar days be-
fore initiating the proposed negotiations, writ-
ten notice to the Congress of the President’s in-
tention to enter into the negotiations and set
forth therein the date the President intends to
initiate such negotiations, the specific negoti-
ating objectives to be pursued in the negotia-
tions, and whether the President intends to
seek an agreement or changes to an existing
agreement; and
(B) before and after submission of the no-
tice, 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 advis-
ers, and such other committees of the House of
Representatives and the Senate as the Presi-
dent deems appropriate.
(2) RESOLUTIONS
DISAPPROVING
INITIATION
OF NEGOTIATIONS.—
(A) INAPPLICABILITY OF FAST TRACK PRO-
CEDURES 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 4(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 reso-
lution described in subparagraph (B) with re-
spect to the negotiations.
(B) 
DISAPPROVAL
RESOLUTIONS.—For
purposes of this paragraph, the term ‘‘dis-
approval resolution’’ means a resolution of ei-
ther House of Congress, the sole matter after
the resolving clause of which is as follows:
‘‘That the ll disapproves the negotiations of
which the President notified the Congress on
ll, under section 5(c)(1) of the Comprehen-
sive Trade Negotiating Authority Act of 2001
and, therefore, the fast track procedures under
that Act shall not apply to any implementing
bill submitted with respect to any trade agree-
ment entered into pursuant to those negotia-
tions.’’, with the first blank space being filled
with the name of the resolving House of Con-
gress, and the second blank space being filled
with the appropriate date.
(3) PROCEDURES FOR CONSIDERING RESOLU-
TIONS.—(A) Disapproval resolutions to which para-
graph (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) ap-
plies. 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 com-
mittee 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 dis-
charged pursuant to subparagraph (B).
SEC. 6. CONGRESSIONAL PARTICIPATION DURING NEGO-
TIATIONS.
(a) CONSULTATIONS WITH CONGRESSIONAL TRADE
ADVISERS AND COMMITTEES OF JURISDICTION.—In the
course of negotiations conducted under this Act, the Trade
Representative shall—
(1) consult closely and on a timely basis with,
and keep fully apprised of the negotiations, the con-
gressional 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 agree-
ment 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 mi-
nority members of the Committee on Ways and
Means of the House of Representatives, the Com-
mittee on Finance of the Senate, and the congres-
sional trade advisers—
(A) shall, within 120 days after the date of
the enactment of this Act, develop written
guidelines to facilitate the useful and timely ex-
change of information between the Trade Rep-
resentative, the committees referred to in sub-
section (a), and the congressional trade advis-
ers; and
(B) may make such revisions to the guide-
lines 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 com-
mittee referred to in subsection (a) and the con-
gressional trade advisers regarding negotiating
objectives and positions and the status of nego-
tiations, with more frequent briefings as trade
negotiations enter the final stages;
(B) access by members of each such com-
mittee, the congressional trade advisers, and
staff with proper security clearances, to perti-
nent documents relating to negotiations, includ-
ing classified materials; and
(C) the closest practicable coordination be-
tween the Trade Representative, each such
committee, and the congressional trade advisers
at all critical periods during negotiations, in-
cluding 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 imple-
menting bill submitted with respect to a trade agree-
ment entered into under section 4(b) pursuant to ne-
gotiations of which notice is given under section
5(c)(1) if, at any time after the end of the 90-day
period referred to in section 5(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 ne-
gotiations, 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 agree-
ment with respect to disapproving any other negotia-
tions.
(2) PRIOR NEGOTIATIONS.—Fast track proce-
dures shall not apply to any implementing bill sub-
mitted with respect to a trade agreement to which
section 8(a) applies if, during the 120-day period be-
ginning on the date that one House of Congress
agrees to a disapproval resolution described in para-
graph (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 agree-
ment with respect to disapproving any other negotia-
tions.
(3) DISAPPROVAL RESOLUTIONS.—(A) For pur-
poses of paragraph (1), the term ‘‘disapproval reso-
lution’’ means a resolution of either House of Con-
gress, the sole matter after the resolving clause of
which is as follows: ‘‘That the ll disapproves the
negotiations of which the President notified the Con-
gress on ll, under section 5(c)(1) of the Com-
prehensive Trade Negotiating Authority Act of 2001
and, therefore, the fast track procedures under that
Act shall not apply to any implementing bill sub-
mitted with respect to any trade agreement entered
into pursuant to those negotiations.’’, with the first
blank space being filled with the name of the resolv-
ing House of Congress, and the second blank space
100
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 resolv-
ing clause of which is as follows: ‘‘That the ll
disapproves the negotiations with respect to ll,
and, therefore, the fast track procedures under the
Comprehensive Trade Negotiating Authority Act of
2001 shall not apply to any implementing bill sub-
mitted with respect to any trade agreement entered
into pursuant to those negotiations.’’, with the first
blank space being filled with the name of the resolv-
ing House of Congress, and the second blank space
being filled with a description of the applicable trade
agreement or agreements.
(4) PROCEDURES FOR CONSIDERING RESOLU-
TIONS.—(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
101
(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 co-
sponsors of the resolution, in the case of a reso-
lution of the Senate; and
(ii) no resolution that meets the require-
ments of clause (i) has previously been consid-
ered 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 resolu-
tion unless it has been reported by the Com-
102
mittee on Finance or the committee has been
discharged pursuant to subparagraph (B); or
(ii) the House of Representatives to con-
sider any joint resolution unless it has been re-
ported by the Committee on Ways and Means
or the committee has been discharged pursuant
to subparagraph (B).
(5) COMPUTATION
OF
CERTAIN
TIME
PERI-
ODS.—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 ad-
journment of more than 3 days to a day certain
or an adjournment of the Congress sine die;
and
(B) any Saturday and Sunday, not ex-
cluded 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 agree-
ment under section 4(b), the Trade Representative,
jointly with the Chair of the Council on Environ-
mental Quality, and in consultation with other ap-
propriate Federal agencies, shall commence an as-
103
sessment of the effects on the environment of the
proposed trade agreement.
(2) CONTENT.—The assessment under para-
graph (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 envi-
ronment, natural resources, and public health;
(C) measures to implement, and alter-
native approaches to, the proposed trade agree-
ment that would minimize adverse effects and
maximize benefits identified under subpara-
graph (A); and
(D) a detailed summary of the manner in
which the results of the assessment were taken
into consideration in negotiation of the pro-
posed trade agreement, and in development of
measures and alternative means identified
under subparagraph (C).
104
(3) PROCEDURES.—The Trade Representative
shall commence the assessment under paragraph (1)
by publishing notice thereof, and a request for com-
ments thereon, in the Federal Register and trans-
mitting notice thereof to the Congress. The notice
shall be given as soon as possible after sufficient in-
formation exists concerning the scope of the pro-
posed 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 negotia-
tions;
(B) the elements and topics expected to be
under consideration for coverage by the pro-
posed trade agreement;
(C) the countries expected to participate in
the agreement; and
(D) the sectors of the United States econ-
omy 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 ne-
gotiations, a preliminary draft of the environ-
105
mental assessment conducted under this sub-
section; 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 AGEN-
CIES AND DEPARTMENTS.—(A) In conducting the
assessment required under paragraph (1), the Trade
Representative and the Chair of the Council on En-
vironmental Quality shall draw upon the knowledge
of the departments and agencies with relevant exper-
tise in the subject matter under consideration, in-
cluding, but not limited to, the Environmental Pro-
tection Agency, the Departments of the Interior, Ag-
riculture, Commerce, Energy, State, the Treasury,
and Justice, the Agency for International Develop-
ment, the Council of Economic Advisors, and the
International Trade Commission.
(B)(i) The heads of the departments and agen-
cies identified in subparagraph (A), and the heads of
other departments and agencies with relevant exper-
tise shall provide such resources as are necessary to
conduct the assessment required under this sub-
section.
106
(ii) The President, in preparing the budget for
the United States Government each year for submis-
sion to the Congress, shall include adequate funds
for the departments and agencies identified in sub-
paragraph (A), and other departments and agencies
with relevant expertise referred to in that subpara-
graph, to carry out their responsibilities under this
subsection.
(6) CONSULTATIONS WITH THE ADVISORY COM-
MITTEE.—(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 insert-
ing ‘‘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 En-
vironmental Quality shall consult with the environ-
mental 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 sub-
paragraph (A) of this paragraph.
107
(7) PUBLIC PARTICIPATION.—The Trade Rep-
resentative 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 no-
tices published under this subsection and shall in-
clude in the final assessment a discussion of the
public comments reflected in the assessment.
(e) LABOR REVIEW.—
(1) INITIATION OF REVIEW.—Upon the com-
mencement of negotiations for a trade agreement
under section 4(b), the Trade Representative, jointly
with the Secretary of Labor and the Commissioners
of the International Trade Commission, and in con-
sultation 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 dis-
placement, wages, and the standard of living for
workers in the United States;
108
(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 ef-
fects of the proposed trade agreement on work-
ers, firms, and communities in the United
States, including proposals relating to trade ad-
justment assistance.
(3) PROCEDURES.—The Trade Representative
shall commence the review under paragraph (1) by
publishing notice thereof, and a request for com-
ments thereon, in the Federal Register and trans-
mitting 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 negotia-
tions;
109
(B) the elements and topics expected to be
under consideration for coverage by the pro-
posed trade agreement;
(C) the countries expected to participate in
the agreement; and
(D) the sectors of the United States econ-
omy 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 ne-
gotiations, a preliminary draft of the labor re-
view 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 re-
quired under paragraph (1), the Trade Representa-
tive, 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
110
provide such resources as are necessary to con-
duct 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 ade-
quate funds for the departments and agencies
referred to in subparagraph (A) to carry out
their responsibilities under this subsection.
(6) CONSULTATION WITH THE ADVISORY COM-
MITTEE.—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 Rep-
resentative shall publish the preliminary and final
labor reviews in the Federal Register. The Trade
Representative shall take into account comments re-
ceived 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.
111
(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 4(b) could affect the trade remedy
laws of the United States or the rights or obligations
of the United States under the Antidumping Agree-
ment, the Agreement on Subsidies and Counter-
vailing Measures, or the Agreement on Safeguards,
except insofar as such negotiations are directly and
exclusively related to perishable and seasonal agri-
cultural products, the Trade Representative shall, at
least 90 calendar days before the President signs the
agreement, notify the Congress of the specific lan-
guage that is the subject of the negotiations and the
specific possible impact on existing United States
laws and existing United States rights and obliga-
tions 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
112
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
4(b) with respect to trade and investment includes a dis-
pute settlement mechanism allowing an investor to bring
a claim directly against a country, the President shall sub-
mit 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 dis-
pute settlement mechanism, and explaining how the agree-
ment 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 4(b), the President
shall consult with—
(A) the Committee on Ways and Means of
the House of Representatives and the Com-
mittee on Finance of the Senate;
113
(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 af-
fected 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 7, including the general effect of
the agreement on existing laws.
(i) ADVISORY COMMITTEE REPORTS.—The report re-
quired under section 135(e)(1) of the Trade Act of 1974
regarding any trade agreement entered into under section
4(a) or (b) of this Act 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 Congress under section 7(a)(1)(A) of the
President’s intention to enter into the agreement.
(j) ITC ASSESSMENT.—
114
(1) IN GENERAL.—The President, at least 90
calendar days before the day on which the President
enters into a trade agreement under section 4(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 cal-
endar days after the President enters into the agree-
ment, the Commission shall submit to the President
and the Congress a report assessing the likely im-
pact of the agreement on the United States economy
as a whole and on specific industry sectors, includ-
ing the impact the agreement will have on the gross
domestic product, exports and imports, aggregate
employment and employment opportunities, the pro-
duction, employment, and competitive position of in-
dustries likely to be significantly affected by the
115
agreement, and the interests of United States con-
sumers.
(3) REVIEW OF EMPIRICAL LITERATURE.—In
preparing the assessment, the Commission shall re-
view available economic assessments regarding the
agreement, including literature regarding any sub-
stantially equivalent proposed agreement, and shall
provide in its assessment a description of the anal-
yses used and conclusions drawn in such literature,
and a discussion of areas of consensus and diver-
gence between the various analyses and conclusions,
including those of the Commission regarding the
agreement.
(k) RULES OF HOUSE OF REPRESENTATIVES AND
SENATE.—Section 4(c), section 5(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, re-
spectively, and as such are deemed a part of the
rules of each House, respectively, and such proce-
dures supersede other rules only to the extent that
they are inconsistent with such other rules; and
(2) with the full recognition of the constitu-
tional right of either House to change the rules (so
far as relating to the procedures of that House) at
116
any time, in the same manner, and to the same ex-
tent as any other rule of that House.
SEC. 7. IMPLEMENTATION OF TRADE AGREEMENTS.
(a) IN GENERAL.—
(1) NOTIFICATION, SUBMISSION, AND ENACT-
MENT.—Any agreement entered into under section
4(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 en-
ters into the trade agreement, notifies the
House of Representatives and the Senate of the
President’s intention to enter into the agree-
ment, 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 en-
ters into the trade agreement, certifies to the
Congress the trade agreement substantially
achieves the principal negotiating objectives set
forth in section 2 and those developed under
section 5(b)(1);
(C) within 60 calendar days after entering
into the agreement, the President submits to
the Congress a description of those changes to
117
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 de-
scribed in paragraph (2); and
(E) the implementing bill is enacted into
law.
(2) SUPPORTING
INFORMATION.—The sup-
porting information required under paragraph
(1)(D)(iii) consists of—
(A) an explanation as to how the imple-
menting bill and proposed administrative action
will change or affect existing law; and
(B) a statement—
(i) asserting that the agreement sub-
stantially achieves the applicable purposes,
policies, and objectives of this Act; and
118
(ii) setting forth the reasons of the
President regarding—
(I) how and to what extent the
agreement substantially achieves the
applicable purposes, policies, and ob-
jectives referred to in clause (i), and
why and to what extent the agreement
does not achieve other applicable pur-
poses, policies, and objectives;
(II) how the agreement serves
the interests of United States com-
merce; 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 agree-
ment may have regarding increased inter-
national monetary stability; and
(iv) describing the extent, if any, to
which—
(I) each foreign country that is a
party to the agreement maintains
119
non-commercial state trading enter-
prises that may adversely affect, nul-
lify, 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 en-
sure that a foreign country that is not a party to a
trade agreement entered into under section 4(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 bene-
fits 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 ap-
plication is consistent with the terms of the agree-
ment.
120
(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 re-
spect to a trade agreement of which notice was pro-
vided 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, con-
cur in the President’s certification. The failure of
the congressional trade advisers to hold a vote with-
in that 30-day period shall be considered to be con-
currence 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 ad-
journment of more than 3 days to a day certain
or an adjournment of the Congress sine die;
and
121
(B) any Saturday and Sunday, not ex-
cluded under subparagraph (A), when either
House of Congress is not in session.
SEC. 8. TREATMENT OF CERTAIN TRADE AGREEMENTS.
(a) CERTAIN AGREEMENTS.—Notwithstanding sec-
tion 4(b)(2), if an agreement to which section 4(b)
applies—
(1) is entered into under the auspices of the
World Trade Organization regarding the rules of ori-
gin 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 Act, 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 re-
gard to the requirements of section 5; and
122
(2) the President shall consult regarding the
negotiations described in subsection (a) with the
committees described in section 5(b)(1) and the con-
gressional trade advisers as soon as feasible after
the enactment of this Act.
(c) APPLICABILITY
OF ENVIRONMENTAL ASSESS-
MENT.—
(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
6(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 environ-
mental assessment required under section
6(d)(4) shall be submitted to the Congress not
later than 18 months after such date of enact-
ment.
(2) CHILE AND SINGAPORE.—With respect to
agreements identified in paragraphs (3) and (4) of
subsection (a), the Trade Representative shall con-
sult with the Committee on Ways and Means of the
House of Representatives and the Committee on Fi-
nance of the Senate to determine the appropriate
time frame for submission to the Congress of an en-
123
vironmental assessment meeting the requirements of
section 6(d)(2).
(3) RULES OF ORIGIN.—The requirements of
section 6(d)(1) shall not apply to an agreement iden-
tified 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
6(e)(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 labor re-
view required under section 6(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 con-
sult with the Committee on Ways and Means of the
House of Representatives and the Committee on Fi-
nance of the Senate to determine the appropriate
time frame for submission to the Congress of an en-
vironmental assessment meeting the requirements of
section 6(e)(2).
124
(3) RULES OF ORIGIN.—The requirements of
section 6(e)(1) shall not apply to an agreement iden-
tified in subsection (a)(1).
SEC. 9. ADDITIONAL REPORT AND STUDIES.
(a) REPORT ON TRADE-RESTRICTIVE PRACTICES.—
Not later than 1 year after the date of the enactment of
this Act, 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 EX-
CHANGE RATE.—The Trade Representative shall prepare
and submit to the Congress, not later than ll 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. 10. ADDITIONAL IMPLEMENTATION AND ENFORCE-
MENT REQUIREMENTS.
(a) IN GENERAL.—At the time the President submits
to the Congress the final text of an agreement pursuant
to section 7(a)(1)(C), the President shall also submit a
plan for implementing and enforcing the agreement. The
implementation and enforcement plan shall include the fol-
lowing:
125
(1) BORDER
PERSONNEL
REQUIREMENTS.—A
description of additional personnel required at bor-
der entry points, including a list of additional cus-
toms and agricultural inspectors.
(2) AGENCY STAFFING REQUIREMENTS.—A de-
scription of additional personnel required by Federal
agencies responsible for monitoring, implementing,
and enforcing the trade agreement, including per-
sonnel 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
REQUIRE-
MENTS.—A description of the additional equipment
and facilities needed by the United States Customs
Service.
(4) IMPACT
ON
STATE
AND
LOCAL
GOVERN-
MENTS.—A description of the impact the trade
126
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 para-
graphs (1) through (4).
(b) BUDGET SUBMISSION.—The President shall in-
clude 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 submis-
sion of the plan.
SEC. 11. 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 Competi-
tiveness Act of 1988, or section 282 of the Uru-
guay Round Agreements Act’’ and inserting
‘‘section 282 of the Uruguay Round Agree-
ments Act, or section 7(a)(1) of the Com-
prehensive Trade Negotiating Authority Act of
2001’’.
(B) 
Section 
151(c)(1) 
(19 
U.S.C.
2191(c)(1)) is amended by striking ‘‘or section
127
282 of the Uruguay Round Agreements Act’’
and inserting ‘‘, section 282 of the Uruguay
Round Agreements Act, or section 7(a)(1) of
the Comprehensive Trade Negotiating Authority
Act of 2001’’.
(2) ADVICE FROM INTERNATIONAL TRADE COM-
MISSION.—Section 
131 
(19 
U.S.C. 
2151) 
is
amended—
(A) in subsection (a)—
(i) in paragraph (1), by striking ‘‘sec-
tion 123 of this Act or section 1102 (a) or
(c) of the Omnibus Trade and Competitive-
ness Act of 1988,’’ and inserting ‘‘section
123 of this Act or section 4(a) or (b) of
the Comprehensive Trade Negotiating Au-
thority Act of 2001,’’; and
(ii) in paragraph (2), by striking ‘‘sec-
tion 1102 (b) or (c) of the Omnibus Trade
and Competitiveness Act of 1988’’ and in-
serting ‘‘section 4(b) of the Comprehensive
Trade Negotiating Authority Act of 2001’’;
(B) in subsection (b), by striking ‘‘section
1102(a)(3)(A)’’ 
and 
inserting 
‘‘section
4(a)(3)(A) of the Comprehensive Trade Negoti-
128
ating Authority Act of 2001’’ before the end pe-
riod; and
(C) in subsection (c), by striking ‘‘section
1102 of the Omnibus Trade and Competitive-
ness Act of 1988,’’ and inserting ‘‘section 4 of
the Comprehensive Trade Negotiating Authority
Act of 2001,’’.
(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 4 of the Comprehensive Trade Negotiating
Authority Act of 2001,’’.
(4) PREREQUISITES
FOR
OFFERS.—Section
134(b) (19 U.S.C. 2154(b)) is amended by striking
‘‘section 1102 of the Omnibus Trade and Competi-
tiveness Act of 1988’’ and inserting ‘‘section 4 of the
Comprehensive Trade Negotiating Authority Act of
2001’’.
(5) ADVICE FROM PRIVATE AND PUBLIC SEC-
TORS.—Section 135 (19 U.S.C. 2155) is amended—
(A) in subsection (a)(1)(A), by striking
‘‘section 1102 of the Omnibus Trade and Com-
petitiveness Act of 1988’’ and inserting ‘‘section