[Congressional Record Volume 148, Number 64 (Friday, May 17, 2002)]
[Senate]
[Pages S4527-S4530]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            ANDEAN TRADE PREFERENCE EXPANSION ACT--Continued

  Mrs. HUTCHISON. Mr. President, I ask the pending amendment be set 
aside for the purpose of introducing an amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 3441 to Amendment No. 3401

  Mrs. HUTCHISON. Mr. President, I send an amendment to the desk and 
ask for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Texas [Mrs. Hutchison] proposes an 
     amendment numbered 3441 to amendment No. 3401.

  Mrs. HUTCHISON. I ask unanimous consent the reading of the amendment 
be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To prohibit a country that has not taken steps to support the 
United States efforts to combat terrorism from receiving certain trade 
                   benefits, and for other purposes)

       Section 204(b)(5)(B) of the Andean Trade Preference Act, as 
     amended by section 3102, is amended by adding the following 
     new clause:
       ``(viii) The extent to which the country has taken steps to 
     support the efforts of the United States to combat terrorism.
       ``Section 4102 is amended by striking the matter preceding 
     paragraph (1) and inserting the following:
       ``(a) Eligibility for Generalized System of Preferences.--
     Section 502(b)(2)(F) of the Trade Act of 1974 (19 U.S.C. 
     2462(b)(2)(F)) is amended by striking the period at the end 
     and inserting ``or such country has not taken steps to 
     support the efforts of the United States to combat 
     terrorism.''.
       ``(b) Definition of Internationally Recognized Worker 
     Rights.--Section 507(4) of the Trade Act of 1974 (19 U.S.C. 
     2467(4)) is amended--''.

  Mrs. HUTCHISON. Mr. President, I am introducing an amendment to the 
trade package that is currently before us. I strongly support the 
intent of both the Andean Trade Preference Act and the Generalized 
System of Preferences. These programs seek to help the Andean countries 
of Bolivia, Colombia, Ecuador, Peru, and other developing nations, by 
applying preferential treatment to their exports. We agree to reduce or 
eliminate tariffs on imports from these countries in order to help them 
develop a stronger economy.
  These programs benefit both sides. They improve the lives of the 
exporting countries' citizens through improved economic opportunities 
that result from open access to the U.S. market--the best market in the 
world.
  For example, since the Andean Trade Preference Act went into effect 
in 1991, the Andean nations have experienced $3.2 billion in new output 
and $1.7 billion in new exports. This has led to the creation of more 
than 140,000 legitimate jobs in the region.
  But this act expires, and we must renew it. These programs help the 
United States by developing better markets for our exports. If we can 
help developing countries increase economic growth and prosperity, 
they, inevitably, will demand more imports, which provide U.S. 
manufacturers with more consumers for our products. This, of course, is 
good for the U.S. economy.
  Another important benefit from the Andean Trade Preference Act is 
that by providing people of these regions with employment opportunities 
in legitimate businesses, they will, hopefully, not participate in the 
narcotic business that is rampant in parts of those areas. This will 
contribute to the stability of their region and the stability of our 
hemisphere.
  It is clear that the Andean Trade Preference Act and the Generalized 
System of Preferences help both sides. Since we are giving a benefit to 
these countries, we are also asking something in return, to ensure that 
we do not help any country that works against our interests in other 
ways.
  For this reason, we have established, in the underlying bill, 
conditions that a country must meet in order to qualify as a 
beneficiary. Conditions we have required in the past include that a 
beneficiary not be a Communist-controlled country. We have insisted 
that a country not be one that has or will expropriate the property of 
U.S. citizens. There must be a rule of law so that if an investment is 
made in that country, they will be safe from having it expropriated.
  In the Andean trade bill before us, we add several new conditions. 
For example, we require that the President consider the extent to which 
countries are committed to the World Trade Organization and are 
participating in negotiations for a Free Trade Area of the Americas. 
This will ensure their commitment to free trade.

  The President also must consider the extent to which they have helped 
us in our counter-narcotics efforts and anti-corruption efforts before 
providing these trade benefits. These and other conditions play an 
important role in ensuring we do not help countries that may turn 
around and work against us or our citizens in the future.
  As I reviewed the list of criteria we have established, I noticed a 
glaring omission. We are in the middle of a war on terrorism, yet there 
is no requirement that a country support our efforts in this battle for 
freedom. It is clear we cannot win this war alone. We need the help of 
our friends around the world to track down terrorists and cut off 
funds. More than $100 million in assets of terrorists and their 
supporters have been frozen around the world. The United States has 
frozen about $30 million of this money. The rest has been cut off by 
various allies.
  We need cooperation like this to defeat this enemy. Therefore, I am 
offering an amendment to the trade package that establishes a 
requirement that a country support our efforts in the war on terrorism 
in order to receive beneficiary status under the Andean Trade 
Preference Agreement or Generalized System of Preferences.
  The kind of help each country can give to us will vary, and it may 
depend on the circumstances a particular country faces and the 
opportunities presented to that country. Some will help us militarily. 
Some will help cut off funds. Others will share intelligence. Some may 
do so publicly, others privately. It is even possible that a country 
might not have the opportunity to provide us with anything but moral 
support. So I do not think it is appropriate to specify the kind of 
help a country must give. But I do believe we must make it clear that 
we expect any country receiving these preferences to do what they can, 
and what they are requested to do, and that the President take that 
into consideration when determining these preferences.
  I hope my colleagues will support this effort to ensure that we are 
able to

[[Page S4528]]

prosecute this critical war effectively with the help of nations that 
will benefit from our preferential treatment.
  Also, as we increase commerce with these countries--which we surely 
will because of these good trade agreements--we want to make sure they 
are cooperating so that they will help us keep any contraband product 
out of America, as we would also expect not to take contraband into 
their country.
  So I think these are good additions to this bill. We have certain 
conditions already. We are in the fight for our life for the freedom of 
our country, and we want every country with whom we have commerce, and 
where there is an ingress and an egress, to work with us to make sure 
we do not have any kind of terrorist activity in our country or in our 
hemisphere.
  We have already suffered enough. September 11 has changed our way of 
life. It has changed our attitude. It has changed so much about what is 
necessary to protect our country. So we must ask every country--
especially countries in this hemisphere, but every country--that we 
will have trade with, and commerce with, countries where we will go in 
and out, and work with them on a basis of trust, to help us in whatever 
way we request.
  I think it is little to ask, and certainly it will be in their best 
interest, as well as ours, for terrorists not to come in and be active 
in their countries. That will hurt them in their efforts to represent 
their people and have free markets in their countries.

  So I hope that my colleagues will support this amendment at the 
appropriate time. I will certainly speak later as we move on with this 
bill.
  I certainly hope we are going to pass this bill. The Andean Trade 
Preferences and the General System of Preferences are so important to 
our country. There are 130 free trade agreements in the world. The 
United States is party to only 3. That hurts our exporters. It hurts 
our jobs market. And it hurts countries that we could do more trade 
with if we did not have the tariffs that would keep prices from being 
as low as possible for all of our consumers.
  So we need this bill. We need to give the President the ability to 
promote trade and to make trade agreements. I hope we will move on 
toward finishing this bill next week and giving the President another 
tool to open markets and strengthen our economy and help other 
countries strengthen theirs.
  Mr. President, I ask unanimous consent that my amendment be laid 
aside so that we can have other amendments offered through the day.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from North Dakota.


                Amendment No. 3442 To Amendment No. 3401

  Mr. DORGAN. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The assistant legislative clerk read as follows:

       The Senator from North Dakota [Mr. Dorgan] proposes an 
     amendment numbered 3442 to amendment No. 3401.

  Mr. DORGAN. Mr. President, I ask unanimous consent reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To require the United States Trade Representative to identify 
 effective trade remedies to address the unfair trade practices of the 
                         Canadian Wheat Board)

       At the appropriate place, insert the following:

     SEC. ____. TRADE REMEDIES WITH RESPECT TO CANADIAN WHEAT.

       (a) Findings.--Congress makes the following findings:
       (1) On February 15, 2002, the United States Trade 
     Representative issued an affirmative finding under section 
     301 of the Trade Act of 1974 that the acts, policies, and 
     practices of the Government of Canada and the Canadian Wheat 
     Board are unreasonable and burden or restrict United States 
     commerce.
       (2) In its section 301 finding, the United States Trade 
     Representative expressed a desire for long-term reform of the 
     Canadian Wheat Board. However, since concluding on February 
     15, 2002, that the Canadian Government and the Canadian Wheat 
     Board are engaged in unfair trade practices, the United 
     States Trade Representative has not undertaken any initiative 
     to seek reform of the Canadian Wheat Board. Moreover, the 
     United States Trade Representative has not imposed any trade 
     remedy that would provide United States wheat farmers with 
     prompt relief from the unfair trade practices.
       (b) Sense of Congress.--It is the sense of Congress that 
     the United States Trade Representative should identify 
     specific trade remedies that will provide United States wheat 
     farmers with prompt relief from the unfair trade practices of 
     the Canadian Wheat Board in addition to efforts to seek long-
     term reform of the Canadian Wheat Board.
       (c) Reporting Requirement.--No later than October 1, 2002, 
     the United States Trade Representative shall report to 
     Congress a specific plan for implementation of specific trade 
     remedies to provide United States wheat farmers with prompt, 
     real relief from the unfair trade practices of the Canadian 
     Wheat Board, and a specific timetable to seek long-term 
     reform of the Canadian Wheat Board, ensuring that there is no 
     undue delay.

  Mr. DORGAN. Mr. President, I will describe this amendment very 
briefly. It deals with the wheat trade dispute we have had with Canada.
  Wheat growers in my State, on behalf of wheat growers all around our 
country, brought a Section 301 case alleging unfair wheat trade by 
Canada.
  Following an investigation by the International Trade Commission, the 
U.S. Trade Ambassador's office came to the following conclusion, and I 
quote:

       The [Canadian Wheat Board] has taken sales from U.S. 
     farmers and is able to do so because it is insulated from 
     commercial risks, benefits from subsidies, has a protected 
     domestic market and special privileges, and has competitive 
     advantages due to its monopoly control over a guaranteed 
     supply of wheat. The wheat trade problem is long-standing and 
     affects the entire U.S. wheat industry.

  That is from the U.S. Trade Ambassador's office.
  When the U.S. Trade Ambassador decided that our farmers were victims 
of unfair trade from Canada, his office said they were committed to 
four trade remedies, but they would explicitly not impose tariff rate 
quotas as a penalty on the Canadians. They said, instead, that they 
would pursue other approaches.
  First, they say they will take the Canadians to the WTO. Of course, 
that means years and years and years of talk, and likely no action.
  Second, they said they would examine the possibility of initiating 
U.S. countervailing duty and antidumping petitions. They can self-
initiate those cases. I don't think they will. They seldom ever self-
initiate countervailing duty or antidumping cases. I hope they do. I 
would encourage them to do it. But I am not holding my breath. I expect 
they will--as most trade officials have over decades and decades--fail 
to self-initiate such a remedy.
  Third is to identify specific impediments preventing United States 
wheat from entering Canada and present these to the Canadians. Well, 
these impediments have been around for a long while. I have seen them 
firsthand in a trip I took to the Canadian border, riding in a little 
orange truck with a friend of mine. We were stopped at the border and 
couldn't take the durum wheat into Canada. We did it just as a 
demonstration. All the way to the border, we found Canadian 18-wheel 
trucks bringing wheat south, but you couldn't get any wheat into 
Canada. I think the Canadians know all about the impediments they have 
erected they don't need to have the U.S. trade ambassador coming to 
them with a list.
  Fourth, the trade ambassador hopes to seek a solution to the problem 
of the WTO agricultural negotiations, which are scheduled to be 
completed by 2005. A fair number of farmers will be out of business by 
then. My amendment today says what we would like is that a remedy be 
provided sooner than that.
  You know, when the U.S. Trade Ambassador announced that he was not 
willing to impose tariff rate quotas at this time, here is what the 
president of the Canadian Wheat Board president said: ``Since the 
United States did not impose tariffs, we have successfully come through 
our ninth trade challenge.'' In other words, he said that the fact that 
the United States found them guilty of violating trade rules meant 
nothing, because no tariffs have been imposed.
  Well, that does not sit right with me. My amendment expresses the 
sense of Congress that prompt action is in order. And it sets forth a 
reporting requirement: No later than October 1, 2002, the United States 
Trade Representative shall report to the Congress, first, a plan for 
implementation of specific trade remedies to provide United States 
wheat farmers with prompt relief from the unfair trade

[[Page S4529]]

practices of the Canadian Wheat Board and, second, a specific timetable 
to seek long-term reform of the Canadian Wheat Board, ensuring there is 
no undue delay.
  It is just not acceptable for the U.S. Trade Representative to tell 
U.S. farmers who put together their own money to file expensive 301 
petitions: Yes, you are right that Canada is playing unfairly, but we 
are not going to do anything about it anytime soon.
  This amendment says we demand action. We will expect a report on 
October 1 from the trade ambassador about what specific remedies he 
will propose on behalf of American farmers who are now victims of this 
unfair trade.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered
  Mr. REID. Mr. President, I ask unanimous consent that the pending 
amendment be set aside so I might offer amendments on behalf of other 
Senators, and that in each instance the amendments to be set aside and, 
once the amendment has been reported by number, the reading be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 3430 To Amendment No. 3401

  Mr. REID. Mr. President, on behalf of Senator Kerry, I call up 
amendment No. 3430.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid], for Mr. Kerry, proposes 
     an amendment numbered 3430 to amendment No. 3401.

  The amendment is as follows:

   (Purpose: To ensure that any artificial trade distorting barrier 
  relating to foreign investment is eliminated in any trade agreement 
  entered into under the Bipartisan Trade Promotion Authority Act of 
                                 2002)

       Section 2102(b) is amended by striking paragraph (3) and 
     inserting the following new paragraph:
       (3) Foreign investment.--The principal negotiating 
     objective of the United States regarding foreign investment 
     is to reduce or eliminate artificial or trade distorting 
     barriers to trade-related foreign investment. A trade 
     agreement that includes investment provisions shall--
       (A) reduce or eliminate exceptions to the principle of 
     national treatment;
       (B) provide for the free transfer of funds relating to 
     investment;
       (C) reduce or eliminate performance requirements, forced 
     technology transfers, and other unreasonable barriers to the 
     establishment and operation of investments;
       (D) ensure that foreign investors are not granted greater 
     legal rights than citizens of the United States possess under 
     the United States Constitution;
       (E) limit the provisions on expropriation, including by 
     ensuring that payment of compensation is not required for 
     regulatory measures that cause a mere diminution in the value 
     of private property;
       (F) ensure that standards for minimum treatment, including 
     the principle of fair and equitable treatment, shall grant no 
     greater legal rights than United States citizens possess 
     under the due process clause of the United States 
     Constitution;
       (G) provide that any Federal, State, or local measure that 
     protects public health, safety and welfare, the environment, 
     or public morals is consistent with the agreement unless a 
     foreign investor demonstrates that the measure was enacted or 
     applied primarily for the purpose of discriminating against 
     foreign investors or investments, or demonstrates that the 
     measure violates a standard established in accordance with 
     subparagraph (E) or (F);
       (H) ensure that--
       (i) a claim by an investor under the agreement may not be 
     brought directly unless the investor first submits the claim 
     to an appropriate competent authority in the investor's 
     country;
       (ii) such entity has the authority to disapprove the 
     pursuit of any claim solely on the basis that it lacks legal 
     merit; and
       (iii) if such entity has not acted to disapprove the claim 
     within a defined period of time, the investor may proceed 
     with the claim;
       (I) improve mechanisms used to resolve disputes between an 
     investor and a government through--
       (i) procedures to ensure the efficient selection of 
     arbitrators and the expeditious disposition of claims;
       (ii) procedures to enhance opportunities for public input 
     into the formulation of government positions; and
       (iii) establishment of a single appellate body to review 
     decisions in investor-to-government disputes and thereby 
     provide coherence to the interpretations of investment 
     provisions in trade agreements; and
       (J) ensure the fullest measure of transparency in the 
     dispute settlement mechanism, to the extent consistent with 
     the need to protect information that is classified or 
     business confidential, by--
       (i) ensuring that all requests for dispute settlement are 
     promptly made public;
       (ii) ensuring that--

       (I) all proceedings, submissions, findings, and decisions 
     are promptly made public;
       (II) all hearings are open to the public; and
       (III) establishing a mechanism for acceptance of amicus 
     curiae submissions from businesses, unions, nongovernmental 
     organizations, and other interested parties.

  The PRESIDING OFFICER. The amendment is set aside.


                Amendment No. 3415 to Amendment No. 3401

  Mr. REID. On behalf of Senator Torricelli, I call up amendment No. 
3415.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid], for Mr. Torricelli, 
     proposes an amendment numbered 3415 to Amendment No. 3401.

  The amendment is as follows:

   (Purpose: To amend the labor provisions to ensure that all trade 
   agreements include meaningful, enforceable provisions on workers' 
                                rights)

       On page 244, beginning on line 19, strike all through page 
     246, line 15, and insert the following:
       (A) to ensure that a party to a trade agreement with the 
     United States does not fail to effectively enforce its 
     environmental or labor laws;
       (B) to ensure that parties to a trade agreement reaffirm 
     their obligations as members of the ILO and their commitments 
     under the ILO Declaration of Fundamental Principles and 
     Rights at Work and its Follow-up;
       (C) to ensure that the parties to a trade agreement ensure 
     that their laws provide for labor standards consistent with 
     the ILO Declaration of Fundamental Principles and Rights at 
     Work and the internationally recognized labor rights set 
     forth in section 13(2) and constantly improve those standards 
     in that light;
       (D) to ensure that parties to a trade agreement do not 
     weaken, reduce, waive, or otherwise derogate from, or offer 
     to waive or derogate from, their labor laws as an 
     encouragement for trade;
       (E) to create a general exception from the obligations of a 
     trade agreement for--
       (i) Government measures taken pursuant to a recommendation 
     of the ILO under Article 33 of the ILO Constitution; and
       (ii) Government measures relating to goods or services 
     produced in violation of any of the ILO core labor standards, 
     including freedom of association and the effective 
     recognition of the right to collective bargaining (as defined 
     by ILO Conventions 87 and 98); the elimination of all forms 
     of forced or compulsory labor (as defined by ILO Conventions 
     29 and 105); the effective abolition of child labor (as 
     defined by ILO Conventions 138 and 182); and the elimination 
     of discrimination in respect of employment and occupation (as 
     defined by ILO Conventions 100 and 111); and
       (F) to ensure that--
       (i) all labor provisions of a trade agreement are fully 
     enforceable, including recourse to trade sanctions;
       (ii) the same enforcement mechanisms and penalties are 
     available for the commercial provisions of an agreement and 
     for the labor provisions of the agreement; and
       (iii) trade unions from all countries that are party to a 
     dispute over the labor provisions of the agreement can 
     participate in the dispute process;
       (G) to strengthen the capacity of United States trading 
     partners to promote respect for core labor standards (as 
     defined in section 13(2));
       (H) to strengthen the capacity of United States trading 
     partners to protect the environment through the promotion of 
     sustainable development;
       (I) to reduce or eliminate government practices or policies 
     that unduly threaten sustainable development;
       (J) to seek market access, through the elimination of 
     tariffs and nontariff barriers, for United States 
     environmental technologies, goods, and services; and
       (K) to ensure that labor, environmental, health, or safety 
     policies and practices of the parties to trade agreements 
     with the United States do not arbitrarily or unjustifiably 
     discriminate against United States exports or serve as 
     disguised barriers to trade.

  The PRESIDING OFFICER. The amendment is set aside.


                Amendment No. 3443 To Amendment No. 3401

  Mr. REID. Mr. President, on behalf of Senator Reed of Rhode Island, I 
call up amendment No. 3443.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid], for Mr. Reed, proposes 
     an amendment numbered 3443 to amendment No. 3401.

  The amendment is as follows:

[[Page S4530]]

   (Purpose: To restore the provisions relating to secondary workers)

       On page 9, beginning on line 24, strike all through page 
     10, line 9, and insert the following:
       ``(11) Downstream producer.--The term `downstream producer' 
     means a firm that performs additional, value-added production 
     processes, including a firm that performs final assembly, 
     finishing, or packaging of articles produced by another 
     firm.''
       On page 12, beginning on line 19, strike all through line 
     24, and insert the following:
       ``(24) Supplier.--The term `supplier' means a firm that 
     produces component parts for, or articles considered to be a 
     part of, the production process for articles produced by a 
     firm or subdivision covered by a certification of eligibility 
     under section 231. The term `supplier' also includes a firm 
     that provides services under contract to a firm or 
     subdivision covered by such certification.''

  The PRESIDING OFFICER. The amendment is set aside.


                Amendment No. 3440 To Amendment No. 3401

  Mr. REID. Mr. President, on behalf of Senator Nelson of Florida, I 
call up amendment No. 3440.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Nevada [Mr. REID], for Mr. Nelson of 
     Florida, proposes an amendment numbered 3440 to amendment No. 
     3401.

  The amendment is as follows:

   (Purpose: To limit tariff reduction authority on certain products)

       At the end of section 2103(a), insert the following new 
     paragraph:
       (8) Products subject to antidumping and countervailing duty 
     orders.--Paragraph (1)(A) shall not apply to a product that 
     is the subject of an antidumping or countervailing duty order 
     at the time of the agreement referred to in paragraph (1), 
     unless the agreement provides that as a term, condition, or 
     qualification of the tariff concession, the tariff reduction 
     will not be implemented before the date that is 1 year after 
     the date of the termination or revocation of such antidumping 
     or countervailing duty order with respect to all exporters of 
     such product.

       At the end of section 2103(b), insert the following new 
     paragraph:
       (4) Products subject to antidumping and countervailing duty 
     orders.--Paragraph (1) shall not apply to a product that is 
     the subject of an antidumping or countervailing duty order at 
     the time of the agreement referred to in paragraph (1), 
     unless the agreement provides that as a term, condition, or 
     qualification of the tariff concession, the tariff reduction 
     will not be implemented before the date that is 1 year after 
     the date of termination or revocation of such antidumping or 
     countervailing duty order with respect to all exporters of 
     such product.

  The PRESIDING OFFICER. The amendment is set aside.


                Amendment No. 3445 To Amendment No. 3401

  Mr. REID. Mr. President, I call up amendment No. 3445, offered by 
Senator Bayh.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Nevada [Mr. REID], for Mr. Bayh, proposes 
     amendment No. 3445 to amendment No. 3401.

  The amendment is as follows:

      (Purpose: To require the ITC to give notice of section 202 
   investigations to the Secretary of Labor, and for other purposes)

       At the end of title VII, insert the following:

     SEC. 702. NOTIFICATION BY ITC.

       (a) In General.--Section 225 of the Trade Act of 1974, as 
     added by section 111, is amended to read as follows:

     ``SEC. 225. NOTIFICATION BY INTERNATIONAL TRADE COMMISSION.

       ``(a) Notification of Investigation.--Whenever the 
     International Trade Commission begins an investigation under 
     section 202 with respect to an industry, the Commission shall 
     immediately notify the Secretary of that investigation.
       ``(b) Notification of Affirmative Finding.--Whenever the 
     International Trade Commission makes a report under section 
     202(f) containing an affirmative finding regarding serious 
     injury, or the threat thereof, to a domestic industry, the 
     Commission shall immediately notify the Secretary of that 
     finding.''.
       (b) Industry-wide Certification.--Section 231(c) of the 
     Trade Act of 1974, as added by section 111, is amended by 
     adding at the end the following new paragraph:
       ``(5) Industry-wide certification.--If the Secretary 
     receives a petition under subsection (b)(2)(E) on behalf of 
     all workers in a domestic industry producing an article or 
     receives 3 or more petitions under subsection (b)(2) within a 
     180-day period on behalf of groups of workers producing the 
     same article, the Secretary shall make a determination under 
     subsections (a)(1) and (c)(1) of this section with respect to 
     the domestic industry as a whole in which the workers are or 
     were employed.''.
       (c) Coordination with Other Trade Provisions.--
       (1) Recommendations by itc.--
       (A) Section 202(e)(2)(D) of the Trade Act of 1974 (19 
     U.S.C. 2252(e)(2)(D)) is amended by striking ``, including 
     the provision of trade adjustment assistance under chapter 
     2''.
       (B) Section 203(a)(3)(D) of the Trade Act of 1974 (19 
     U.S.C. 2252(a)(3)(D)) is amended by striking ``, including 
     the provision of trade adjustment assistance under chapter 
     2''.
       (2) Assistance for workers.--Section 203(a)(1)(A) of the 
     Trade Act of 1974 (19 U.S.C. 2252(a)(1)(A)) is amended to 
     read as follows:
       ``(A) After receiving a report under section 202(f) 
     containing an affirmative finding regarding serious injury, 
     or the threat thereof, to a domestic industry--
       ``(i) the President shall take all appropriate and feasible 
     action within his power; and
       ``(ii) the Secretary of Labor, the Secretary of 
     Agriculture, or the Secretary of Commerce, as appropriate, 
     shall certify as eligible for trade adjustment assistance 
     under section 231(a), 292, or 299B, workers, farmers, or 
     fishermen who are or were employed in the domestic industry 
     defined by the Commission if such workers, farmers, or 
     fishermen become totally or partially separated, or are 
     threatened to become totally or partially separated not more 
     than 1 year before or not more than 1 year after the date on 
     which the Commission made its report to the President under 
     section 202(f).''.
       (3) Special look-back rule.--Section 203(a)(1)(A) of the 
     Trade Act of 1974 shall apply to a worker, farmer, or 
     fisherman if not more than 1 year before the date of 
     enactment of the Trade Adjustment Assistance Reform Act of 
     2002 the Commission notified the President of an affirmative 
     determination under section 202(f) of such Act with respect 
     the domestic industry in which such worker, farmer, or 
     fisherman was employed.
       (d) Notification for Farmers and Fishermen.--
       (1) Farmers.--Section 294 of the Trade Act of 1974, as 
     added by section 401, is amended to read as follows:

     ``SEC. 294. NOTIFICATION BY INTERNATIONAL TRADE COMMISSION.

       ``(a) Notification of Investigation.--Whenever the 
     International Trade Commission (in this chapter referred to 
     as the `Commission') begins an investigation under section 
     202 with respect to an agricultural commodity, the Commission 
     shall immediately notify the Secretary of the investigation.
       ``(b) Notification of Affirmative Determination.--Whenever 
     the Commission makes a report under section 202(f) containing 
     an affirmative finding regarding serious injury, or the 
     threat thereof, to a domestic industry producing an 
     agricultural commodity, the Commission shall immediately 
     notify the Secretary of that finding.''.
       (2) Fishermen.--Section 299C of the Trade Act of 1974, as 
     added by section 501, is amended to read as follows:

     ``SEC. 299C. NOTIFICATION BY INTERNATIONAL TRADE COMMISSION.

       ``(a) Notification of Investigation.--Whenever the 
     International Trade Commission (in this chapter referred to 
     as the `Commission') begins an investigation under section 
     202 with respect to fish or a class of fish, the Commission 
     shall immediately notify the Secretary of the investigation.
       ``(b) Notification of Affirmative Determination.--Whenever 
     the Commission makes a report under section 202(f) containing 
     an affirmative finding regarding serious injury, or the 
     threat thereof, to a domestic industry producing fish or a 
     class of fish, the Commission shall immediately notify the 
     Secretary of that finding.''.

  The PRESIDING OFFICER. The amendment is set aside.

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