[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4465 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4465

 To provide for reciprocal trade in textile and apparel goods between 
     the United States and other countries, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2000

  Mr. Hayes introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To provide for reciprocal trade in textile and apparel goods between 
     the United States and other countries, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness in Textile Trade Act of 
2000''.

SEC. 2. EQUALIZATION OF TRADE IN TEXTILE AND APPAREL GOODS BETWEEN THE 
              UNITED STATES AND WTO MEMBER COUNTRIES.

    (a) Statement of Policy.--It shall be the policy of the United 
States to negotiate, within the WTO, reciprocal market access in trade 
in textile and apparel goods with no concessions in addition to those 
in effect on the date of the enactment of this Act, unless and until 
the United States has negotiated substantially similar market access 
with each WTO member country.
    (b) Presidential Determinations on WTO Members.--Not later than 
December 31 of each year, with respect to each WTO member country--
            (1) the President shall determine whether that country 
        allows access in its markets to textile and apparel goods that 
        are products of the United States that is substantially similar 
        to the access provided in United States markets to textile and 
        apparel goods that are products of that country;
            (2) if the determination under paragraph (1) is that the 
        access to a country's markets for textile and apparel goods 
        that are products of the United States is less favorable than 
        that provided by the United States to textile and apparel goods 
        that are products of that country, the President shall impose 
        quotas, tariffs, or other measures on the textile and apparel 
        products of that country in order to make access in the markets 
        of both countries substantially similar;
            (3) the President shall seek to negotiate agreements with 
        any country described in paragraph (2) to remove the tariff and 
        nontariff barriers to trade in textile and apparel goods that 
        were the basis of the President's determination under paragraph 
        (1); and
            (4) if agreements under paragraph (3) are reached, the 
        President shall adjust the measures imposed under paragraph (2) 
        so that the access in the markets of the country concerned to 
        textile and apparel goods that are products of the United 
        States and the access in United States markets to textile and 
        apparel goods that are products of that country are 
        substantially similar.
    (c) Report to Congress.--Not later than June 30 of each year, the 
President shall transmit to the Congress a report on actions taken 
under subsection (a), including--
            (1) each determination made under subsection (a)(1);
            (2) measures implemented under subsection (a)(2);
            (3) negotiations undertaken and agreements reached under 
        subsection (a)(3); and
            (4) measures adjusted under subsection (a)(4).
The President shall include the rationale for each action addressed in 
the report.
    (d) Definitions.--As used in this section, the terms ``WTO'' and 
``WTO member country'' have the meanings given those terms in section 2 
of the Uruguay Round Agreements Act (19 U.S.C. 3501).

SEC. 3. CIVIL ACTIONS FOR DAMAGES ARISING FROM FRAUDULENT ACTS OF 
              IMPORTERS.

    (a) Right of Action.--Any producer, distributor, or retailer of 
textile or apparel goods who is injured by any violation of the customs 
laws set forth in section 592A(a)(2) of the Tariff Act of 1930 (19 
U.S.C. 1592a(a)(2) may bring a civil action in the appropriate Federal 
court against the person or persons committing the violation for 
damages incurred as a result of that violation.
    (b) Burden of Proof.--In any action brought under subsection (a), 
the violation of the customs laws concerned is established if the 
plaintiff proves the violation by a preponderance of the evidence.
    (c) Exclusivity of Remedy.--The remedy provided by this section is 
not available to a person to the extent that person has recovered 
damages under any other provision of law that were incurred as a result 
of a violation of law referred to in subsection (a).

SEC. 4. EXTENSION OF BENEFIT PERIOD FOR TRADE READJUSTMENT ALLOWANCES 
              FOR ADVERSELY AFFECTED WORKERS ENROLLED IN TRAINING 
              PROGRAMS.

    (a) Extension of Benefit Period.--Section 233(a)(3) of the Trade 
Act of 1974 (19 U.S.C. 2293(a)(3)) is amended by striking ``26'' each 
place it appears and inserting ``52''.
    (b) Effective Date.--The amendments made by subsection (a) apply to 
any worker covered by a certification of eligibility issued under 
subchapter A or D of chapter 2 of title II of the Trade Act of 1974--
            (1) if the certification is issued on or after the date of 
        the enactment of this Act; or
            (2) if the certification is issued before such date of 
        enactment and the trade readjustment allowances payable with 
        respect to the period covered by the certification to that 
        worker have not exceeded the maximum allowable under section 
        233 of the Trade Act of 1974 on the day before such date of 
        enactment.

SEC. 5. CREDIT FOR HEALTH INSURANCE PREMIUMS PAID BY INDIVIDUALS 
              RECEIVING TRADE ADJUSTMENT ASSISTANCE.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to nonrefundable 
personal credits) is amended by inserting after section 25A the 
following new section:

``SEC. 25B. HEALTH INSURANCE COSTS OF INDIVIDUALS RECEIVING TRADE 
              ADJUSTMENT ASSISTANCE.

    ``(a) In General.--In the case of an individual, there shall be 
allowed as a credit against the tax imposed by this chapter for the 
taxable year an amount equal to 50 percent of the amount paid during 
the taxable year for coverage for the taxpayer and the taxpayer's 
spouse and dependents under qualified health insurance during a period 
that the taxpayer or spouse is receiving trade adjustment assistance.
    ``(b) Qualified Health Insurance.--For purposes of this section--
            ``(1) In general.--The term `qualified health insurance' 
        means insurance which constitutes medical care, as defined in 
        section 213(d) without regard to--
                    ``(A) paragraph (1)(C) thereof, and
                    ``(B) so much of paragraph (1)(D) thereof as 
                relates to qualified long-term care insurance 
                contracts.
            ``(2) Exclusion of coverage provided under group health 
        plans, etc.--Such term shall not include insurance provided 
        through any group health plan of an employer or any other 
        entity.
    ``(c) Trade Adjustment Assistance.--For purposes of this section, 
the term `trade adjustment assistance' means assistance provided under 
subchapter A or D of chapter 2 of title II of the Trade Act of 1974.
    ``(d) Special Rules.--
            ``(1) Coordination with other deductions.--No deduction 
        shall be allowed under this chapter for any amount taken into 
        account in determining the credit under this section.
            ``(2) Denial of credit to dependents.--No credit shall be 
        allowed under this section to any individual with respect to 
        whom a deduction under section 151 is allowable to another 
        taxpayer for a taxable year beginning in the calendar year in 
        which such individual's taxable year begins.''
    (b) Clerical Amendment.--The table of sections for subpart A part 
IV of subchapter A of chapter 1 of such Code is amended by inserting 
after the item relating to section 25A the following new item:

                              ``Sec. 25B. Health insurance costs of 
                                        individuals receiving trade 
                                        adjustment assistance.''
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2000.

SEC. 6. TRADE ADJUSTMENT ASSISTANCE FOR TEXTILE AND APPAREL WORKERS.

    Notwithstanding any other provision of law, workers in any firm 
producing textile or apparel goods whose employment is terminated, or 
threatened with termination, as a result of either--
            (1) a decrease in the firm's sales or production, or
            (2) a firm's plant or facility closure or relocation,
shall be certified by the Secretary of Labor as eligible to receive 
adjustment assistance under chapter 2 of title II of the Trade Act of 
1974 at the same level of benefits as workers certified under 
subchapter D of chapter 2 of such title. The Secretary of Labor shall 
make such certification not later than 30 days after the date a 
petition for certification of eligibility for such assistance is filed 
under such title II.
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