[Congressional Record Volume 148, Number 61 (Tuesday, May 14, 2002)]
[Senate]
[Pages S4335-S4336]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S4335]]
                           TEXT OF AMENDMENTS

  SA 3408. Mr. DAYTON (for himself and Mr. Dorgan) proposed an 
amendment to amendment SA 3401 proposed by Mr. Baucus (for himself and 
Mr. Grassley) to the bill (H.R. 3009) to extend the Andean Trade 
Preference Act, to grant additional trade benefits under that Act, and 
for other purposes; as follows:

       At the end of section 2103(b), add the following:
       (4) Limitations on trade authorities procedures.--
       (A) In general.--Notwithstanding any other provision of 
     law, the provisions of section 151 of the Trade Act of 1974 
     (trade authorities procedures) shall not apply to any 
     provision in an implementing bill being considered by the 
     Senate that modifies or amends, or requires a modification 
     of, or an amendment to, any law of the United States that 
     provides safeguards from unfair foreign trade practices to 
     United States businesses or workers, including--
       (i) imposition of countervailing and antidumping duties 
     (title VII of the Tariff Act of 1930; 19 U.S.C. 1671 et 
     seq.);
       (ii) protection from unfair methods of competition and 
     unfair acts in the importation of articles (section 337 of 
     the Tariff Act of 1930; 19 U.S.C. 1337);
       (iii) relief from injury caused by import competition 
     (title II of the Trade Act of 1974; 19 U.S.C. 2251 et seq.);
       (iv) relief from unfair trade practices (title III of the 
     Trade Act of 1974; 19 U.S.C. 2411 et seq.); or
       (v) national security import restrictions (section 232 of 
     the Trade Expansion Act of 1962; 19 U.S.C. 1862).
       (B) Point of order in senate.--
       (i) In general.--When the Senate is considering an 
     implementing bill, upon a point of order being made by any 
     Senator against any part of the implementing bill that 
     contains material in violation of subparagraph (A), and the 
     point of order is sustained by the Presiding Officer, the 
     part of the implementing bill against which the point of 
     order is sustained shall be stricken from the bill.
       (ii) Waivers and appeals.--

       (I) Waivers.--Before the Presiding Officer rules on a point 
     of order described in clause (i), any Senator may move to 
     waive the point of order and the motion to waive shall not be 
     subject to amendment. A point of order described in clause 
     (i) is waived only by the affirmative vote of a majority of 
     the Members of the Senate, duly chosen and sworn.
       (II) Appeals.--After the Presiding Officer rules on a point 
     of order under this subparagraph, 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. A ruling of the Presiding Officer on 
     a point of order described in clause (i) is sustained unless 
     a majority of the Members of the Senate, duly chosen and 
     sworn, vote not to sustain the ruling.
       (III) Debate.--Debate on a motion to waive under subclause 
     (I) or on an appeal of the ruling of the Presiding Officer 
     under subclause (II) shall be limited to 1 hour. The time 
     shall be equally divided between, and controlled by, the 
     majority leader and the minority leader, or their designees.
                                  ____


  SA 3409. Mr. GRASSLEY (for himself and Mr. Baucus) proposed an 
amendment to amendment SA 3408 proposed by Mr. Dayton (for himself and 
Mr. Dorgan) to the amendment SA 3401 proposed by Mr. Baucus (for 
himself and Mr. Grassley) to the bill (H.R. 3009) to extend the Andean 
Trade Preference Act, to grant additional trade benefits under that 
Act, and for other purposes; as follows:

       In lieu of the matter proposed to be inserted by the 
     amendment, insert the following:
       (4) Additional principal trade negotiating objective.--
       (A) In general.--Section 2102(b) of this Act is amended by 
     adding at the end the following:
       ``(15) Trade remedy laws.--The principal negotiating 
     objectives of the United States with respect to trade remedy 
     laws are--
       ``(A) to preserve the ability of the United States to 
     enforce rigorously its trade laws, including the antidumping, 
     countervailing duty, and safeguard laws, and avoid agreements 
     that lessen the effectiveness of domestic and international 
     disciplines on unfair trade, especially dumping and 
     subsidies, or that lessen the effectiveness of domestic and 
     international safeguard provisions, in order to ensure that 
     United States workers, agricultural producers, and firms can 
     compete fully on fair terms and enjoy the benefits of 
     reciprocal trade concessions; and
       ``(B) to address and remedy market distortions that lead to 
     dumping and subsidization, including overcapacity, 
     cartelization, and market-access barriers.''.
       (B) Conforming amendments.--
       (i) Section 2102(c) of this Act is amended--

       (I) by striking paragraph (9);
       (II) by redesignating paragraphs (10) through (12) as 
     paragraphs (9) through (11), respectively; and
       (III) in the matter following paragraph (11) (as so 
     redesignated), by striking ``(11)'' and inserting ``(10)''.

       (ii) Subparagraphs (B), (C), and (D) of section 2104(d)(3) 
     of this Act are each amended by striking ``2102(c)(9)'' and 
     inserting ``2102(b)(15)''.
       (iii) Section 2105(a)(2)(B)(ii)(VI) of this Act is amended 
     by striking ``2102(c)(9)'' and inserting ``2102(b)(15)''.
       (C) Presidential report to cover additional trade remedy 
     laws.--Section 2104(d)(3) (A) and (B)(i) of this Act are each 
     amended by inserting after ``title VII of the Tariff Act of 
     1930'' the following: ``, section 337 of the Tariff Act of 
     1930, title III of the Trade Act of 1974, section 232 of the 
     Trade Expansion Act of 1962,''.
       (D) Expansion of congressional oversight group.--
       (i) Membership from the house.--Section 2107(a)(2) of this 
     Act is amended by adding at the end the following new 
     subparagraph:
       ``(C) Up to 3 additional Members of the House of 
     Representatives (not more than 2 of whom are members of the 
     same political party) as the Chairman and Ranking Member of 
     the Committee on Ways and Means may select.''.
       (ii) Membership from the senate.--Section 2107(a)(3) of 
     this Act is amended by adding at the end the following new 
     subparagraph:
       ``(C) Up to 3 additional Members of the Senate (not more 
     than 2 of whom are members of the same political party) as 
     the Chairman and Ranking Member of the Committee on Finance 
     may select.''.
                                  ____

  SA 3410. Mr. THOMPSON submitted an amendment intended to be proposed 
to amendment SA 3401 proposed by Mr. Baucus (for himself and Mr. 
Grassley) to the bill (H.R. 3009) to extend the Andean Trade Preference 
Act, to grant additional trade benefits under that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       Section 3202(b)(2) is amended by striking ``2002'' and 
     inserting ``2003''.
                                  ____

  SA 3411. Mr. KENNEDY proposed an amendment to amendment SA 3401 
proposed by Mr. Baucus (for himself and Mr. Grassley) to the bill (H.R. 
3009) to extend the Andean Trade Preference Act, to grant additional 
trade benefits under that Act, and for other purposes; as follows:

       Section 2102(b)(4) is amended by adding at the end the 
     following new subparagraph:
       (C) to respect the Declaration on the TRIPS Agreement and 
     Public Health, adopted by the World Trade Organization at the 
     Fourth Ministerial Conference at Doha, Qatar on November 14, 
     2001.
                                  ____

  SA 3412. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill H.R. 3009, to extend the Andean Trade Preference Act, 
to grant additional trade benefits under that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title IX of division A add the following:

     SEC. ____. SIMPLIFICATION OF EXCISE TAX IMPOSED ON BOWS AND 
                   ARROWS.

       (a) Bows.--Section 4161(b)(1) of the Internal Revenue Code 
     of 1986 (relating to bows) is amended to read as follows:
       ``(1) Bows.--
       ``(A) In general.--There is hereby imposed on the sale by 
     the manufacturer, producer, or importer of any bow which has 
     a draw weight of 30 pounds or more, a tax equal to 11 percent 
     of the price for which so sold.
       ``(B) Archery equipment.--There is hereby imposed on the 
     sale by the manufacturer, producer, or importer--
       ``(i) of any part or accessory suitable for inclusion in or 
     attachment to a bow described in subparagraph (A), and
       ``(ii) of any quiver or broadhead suitable for use with an 
     arrow described in paragraph (3),
     a tax equal to 11 percent of the price for which so sold.''.
       (b) Arrows.--Section 4161(b) of the Internal Revenue Code 
     of 1986 (relating to bows and arrows, etc.) is amended by 
     redesignating paragraph (3) as paragraph (4) and inserting 
     after paragraph (2) the following:
       ``(3) Arrows.--
       ``(A) In general.--There is hereby imposed on the sale by 
     the manufacturer, producer, or importer of any arrow, a tax 
     equal to 12 percent of the price for which so sold.
       ``(B) Exception.--The tax imposed by subparagraph (A) on an 
     arrow shall not apply if the arrow contains an arrow shaft 
     subject to the tax imposed by paragraph (2).
       ``(C) Arrow.--For purposes of this paragraph, the term 
     `arrow' means any shaft described in paragraph (2) to which 
     additional components are attached.''.
       (c) Conforming Amendment.--The heading of section 
     4161(b)(2) of the Internal Revenue Code of 1986 (relating to 
     arrows) is amended by striking ``Arrows.--'' and inserting 
     ``Arrow Components.--''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to articles sold by the manufacturer, producer, 
     or importer after the date of the enactment of this Act.
                                  ____

  SA 3413. Mrs. LINCOLN submitted an amendment intended to be proposed 
by her to the bill H.R. 3009, to extend the Andean Trade Preference 
Act, to grant

[[Page S4336]]

additional trade benefits under that Act, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. EXCLUSION OF INCOME DERIVED FROM CERTAIN WAGERS ON 
                   HORSE RACES FROM GROSS INCOME OF NONRESIDENT 
                   ALIEN INDIVIDUALS.

       (a) In General.--Section 872(b) of the Internal Revenue 
     Code of 1986 is amended by redesignating paragraphs (5), (6), 
     and (7) as paragraphs (6), (7), and (8), respectively, and 
     inserting after paragraph (4) the following new paragraph:
       ``(5) Income derived from wagering transactions in certain 
     parimutuel pools.--Gross income derived by a nonresident 
     alien individual from a legal wagering transaction initiated 
     outside the United States in a parimutuel pool with respect 
     to a live horse race in the United States.''.
       (b) Conforming Amendment.--Section 883(a)(4) of such Code 
     is amended by striking ``(5), (6), and (7)'' and inserting 
     ``(6), (7), and (8)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to proceeds from wagering transactions after 
     September 30, 2002.
                                  ____

  SA 3414. Mr. BINGAMAN (for himself and Ms. SNOWE) submitted an 
amendment intended to be proposed to amendment SA 3401 proposed by Mr. 
Baucus (for himself and Mr. Grassley) to the bill (H.R. 3009) to extend 
the Andean Trade Preference Act, to grant additional trade benefits 
under that Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section 278 of the Trade Act of 1974, as added by 
     section 302 of the matter proposed to be inserted, and 
     inserting the following:

     ``SEC. 278. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the Department 
     of Commerce $45,000,000 for each of the fiscal years 2003 
     through 2007 to carry out the purposes of this chapter.

                          ____________________