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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Americas Free Trade Act''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) The countries of the Western Hemisphere have enjoyed
more success in the twentieth century in the peaceful conduct
of their relations among themselves than have the countries in
the rest of the world.
(2) The economic prosperity of the United States and its
trading partners in the Western Hemisphere is increased by the
reduction of trade barriers.
(3) Trade protection endangers economic prosperity in the
United States and throughout the Western Hemisphere and
undermines civil liberty and constitutionally limited
government.
(4) The successful establishment of a North American Free
Trade Area sets the pattern for the reduction of trade barriers
throughout the Western Hemisphere, enhancing prosperity in
place of the cycle of increasing trade barriers and deepening
poverty that results from a resort to protectionism and trade
retaliation.
(5) The reduction of government interference in the foreign
and domestic sectors of a nation's economy and the concomitant
promotion of economic opportunity and freedoms promote civil
liberty and constitutionally limited government.
(6) Countries that observe a consistent policy of free
trade, the promotion of free enterprise and other economic
freedoms (including effective protection of private property
rights), and the removal of barriers to foreign direct
investment, in the context of constitutionally limited
government and minimal interference in the economy, will follow
the surest and most effective prescription to alleviate poverty
and provide for economic, social, and political development.

SEC. 3. FREE TRADE AREA FOR THE WESTERN HEMISPHERE.

(a) In General.--The President shall take action to initiate
negotiations to obtain trade agreements with the sovereign countries
located in the Western Hemisphere, the terms of which provide for the
reduction and ultimate elimination of tariffs and other nontariff
barriers to trade, for the purpose of promoting the eventual
establishment of a free trade area for the entire Western Hemisphere.
(b) Reciprocal Basis.--An agreement entered into under subsection
(a) shall be reciprocal and provide mutual reductions in trade barriers
to promote trade, economic growth, and employment.
(c) Bilateral or Multilateral Basis.--Agreements may be entered
into under subsection (a) on a bilateral basis with any foreign country
described in that subsection or on a multilateral basis with all of
such countries or any group of such countries.

SEC. 4. FREE TRADE WITH FREE CUBA.

(a) Restrictions Prior to Restoration of Freedom in Cuba.--The
provisions of this Act shall not apply to Cuba unless the President
certifies to Congress that--
(1) freedom has been restored in Cuba; and
(2) the claims of United States citizens for compensation
for expropriated property have been appropriately addressed.
(b) Standards for the Restoration of Freedom in Cuba.--The
President shall not make the certification that freedom has been
restored in Cuba, for purpose of subsection (a), unless the President
determines that--
(1) a constitutionally guaranteed democratic government has
been established in Cuba with leaders chosen through free and
fair elections;
(2) the rights of individuals to private property have been
restored and are effectively protected and broadly exercised in
Cuba;
(3) Cuba has a currency that is fully convertible
domestically and internationally;
(4) all political prisoners have been released in Cuba; and
(5) the rights of free speech and freedom of the press in
Cuba are effectively guaranteed.
(c) Priority for Free Trade With Free Cuba.--Upon making the
certification described in subsection (a), the President shall give
priority to the negotiation of a free trade agreement with Cuba.

SEC. 5. INTRODUCTION AND FAST-TRACK CONSIDERATION OF IMPLEMENTING
BILLS.

(a) Introduction in House and Senate.--When the President submits
to Congress a bill to implement a trade agreement described in section
3, the bill shall be introduced (by request) in the House and the
Senate as described in section 151(c) of the Trade Act of 1974 (19
U.S.C. 2191(c)).
(b) Restrictions on Content.--A bill to implement a trade agreement
described in section 3--
(1) shall contain only provisions that are necessary to
implement the trade agreement; and
(2) may not contain any provision that establishes (or
requires or authorizes the establishment of) a labor or
environmental protection standard or amends (or requires or
authorizes an amendment of) any labor or environmental
protection standard set forth in law or regulation.
(c) Point of Order in Senate.--
(1) Applicability to all legislative forms of implementing
bill.--For the purposes of this subsection, the term
''implementing bill'' means the following:
(A) The bill.--A bill described in subsection (a),
without regard to whether that bill originated in the
Senate or the House of Representatives.
(B) Amendment.--An amendment to a bill referred to
in subparagraph (A).
(C) Conference report.--A conference report on a
bill referred to in subparagraph (A).
(D) Amendment between houses.--An amendment between
the Houses of Congress in relation to a bill referred
to in subparagraph (A).
(E) Motion.--A motion in relation to an item
referred to in subparagraph (A), (B), (C), or (D).
(2) Making of point of order.--
(A) Against single item.--When the Senate is
considering an implementing bill, a Senator may make a
point of order against any part of the implementing
bill that contains material in violation of a
restriction under subsection (b).
(B) Against several items.--Notwithstanding any
other provision of law or rule of the Senate, when the
Senate is considering an implementing bill, it shall be
in order for a Senator to raise a single point of order
that several provisions of the implementing bill
violate subsection (b). The Presiding Officer may
sustain the point of order as to some or all of the
provisions against which the Senator raised the point
of order.
(3) Effect of sustainment of point of order.--
(A) Against single item.--If a point of order made
against a part of an implementing bill under paragraph
(2)(A) is sustained by the Presiding Officer, the part
of the implementing bill against which the point of
order is sustained shall be deemed stricken.
(B) Against several items.--In the case of a point
of order made under paragraph (2)(B) against several
provisions of an implementing bill, only those
provisions against which the Presiding Officer sustains
the point of order shall be deemed stricken.
(C) Stricken matter not in order as amendment.--
Matter stricken from an implementing bill under this
paragraph may not be offered as an amendment to the
implementing bill (in any of its forms described in
paragraph (1)) from the floor.
(4) Waivers and appeals.--
(A) Waivers.--Before the Presiding Officer rules on
a point of order under this subsection, any Senator may
move to waive the point of order as it applies to some
or all of the provisions against which the point of
order is raised. Such a motion to waive is amendable in
accordance with the rules and precedents of the Senate.
(B) Appeals.--After the Presiding Officer rules on
a point of order under this subsection, any Senator may
appeal the ruling of the Presiding Officer on the point
of order as it applies to some or all of the provisions
on which the Presiding Officer ruled.
(C) Three-fifths majority required.--
(i) Waivers.--A point of order under this
subsection is waived only by the affirmative
vote of at least the requisite majority.
(ii) Appeals.--A ruling of the Presiding
Officer on a point of order under this
subsection is sustained unless at least the
requisite majority votes not to sustain the
ruling.
(iii) Requisite majority.--For purposes of
clauses (i) and (ii), the requisite majority is
three-fifths of the Members of the Senate, duly
chosen and sworn.
(d) Applicability of Fast Track Procedures.--Section 151 of the
Trade Act of 1974 (19 U.S.C. 2191) is amended--
(1) in subsection (b)(1)--
(A) by inserting ''section 5 of the Americas Free
Trade Act,'' after ''the Omnibus Trade and
Competitiveness Act of 1988,''; and
(B) by amending subparagraph (C) to read as
follows:
''(C) if changes in existing laws or new statutory
authority is required to implement such trade agreement
or agreements or such extension, provisions, necessary
to implement such trade agreement or such extension,
either repealing or amending existing laws or providing
new statutory authority.''; and
(2) in subsection (c)(1), by inserting ''or under section 5
of the Americas Free Trade Act,'' after ''the Uruguay Round
Agreements Act,''.
Americas Free Trade Act - Requires the President to initiate trade agreement negotiations with Western Hemisphere countries for the reduction and elimination of tariffs and nontariff trade barriers and the establishment of a Western Hemisphere free trade area.Declares that this Act shall not apply to Cuba unless the President certifies to the Congress that: (1) freedom has been restored in Cuba; and (2) the claims of U.S. citizens for compensation for expropriated property have been appropriately addressed.Sets forth determinations the President must make about Cuba before certifying that freedom has been restored. Requires that, once such certification is made, priority be given to negotiation of a free trade agreement with Cuba.Applies congressional fast track procedures (no amendments) to implementing bills for trade agreements entered under this Act.