[Congressional Record Volume 148, Number 64 (Friday, May 17, 2002)]
[Senate]
[Pages S4539-S4544]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3439. Mr. DORGAN (for himself, Mr. Enzi, Ms. Cantwell, Mr. Hagel, 
Mr. Johnson, Mr. Roberts, and Mrs. Murray) 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 appropriate place, insert the following:

     SEC. ____. AGRICULTURAL SALES TO CUBA.

       (a) In General.--Section 908 of the Agriculture, Rural 
     Development, Food and Drug Administration and Related 
     Agencies Appropriations Act, 2001 (22 U.S.C. 7207) is amended 
     by striking subsection (b).
       (b) Conforming Amendments.--Section 908(a) of the 
     Agriculture, Rural Development, Food and Drug Administration 
     and Related Agencies Appropriations Act, 2001 (22 U.S.C. 
     7207(a)) (as amended by subsection (a)), is amended--
       (1) by striking ``(a)'' and all that follows through 
     ``Notwithstanding'' and inserting the following:
       ``(a) In General.--Notwithstanding'';
       (2) by striking ``(2) Rule of construction.--Nothing in 
     paragraph (1)'' and inserting the following:
       ``(b) Rule of Construction.--Nothing in subsection (a)''; 
     and
       (3) by striking ``(3) Waiver.--The President may waive the 
     application of paragraph (1)'' and inserting the following:
       ``(c) Waiver.--The President may waive the application of 
     subsection (a)''.
                                  ____

  SA 3440. Mr. REID (for Mr. Nelson of Florida (for himself and Mr. 
Graham)) 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(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.
                                  ____

  SA 3441. Mrs. HUTCHISON 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 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--''.
                                  ____

  SA 3442. 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 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

[[Page S4540]]

     seek long-term reform of the Canadian Wheat Board, ensuring 
     that there is no undue delay.
                                  ____

  SA 3443. Mr. REID (for Mr. Reed (for himself, Mr. Bingaman, and Mr. 
Corzine)) 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.

       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.
                                  ____

  SA 3444. Mr. NELSON of Nebraska 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:

       On page 246, line 21, insert ``expeditious'' after 
     ``providing for''.
                                  ____

  SA 3445. Mr. REID (for Mr. Bayh (for himself, Mr. Durbin, Mr. Dayton, 
Ms. Mikulski, and Mr. Rockefeller)) 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 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.''.
                                  ____

  SA 3446. Mr. BROWNBACK 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, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ____. DEMOCRACY AND FREEDOM THROUGH TRADE ACT.

       (a) Findings.--Congress makes the following findings:
       (1) The United States is now engaged in a war against 
     terrorism, and it is vital that the United States respond to 
     this threat through the use of all available resources.
       (2) Open markets between the United States and friendly 
     nations remains a vital component of our Nation's national 
     security for the purposes of forming long, lasting 
     friendships, strategic partnerships, and creating new long-
     term allies through the exportation of America's democratic 
     ideals, civil liberties, freedoms, ethics, principles, 
     tolerance, openness, ingenuity, and productiveness.
       (3) Utilizing trade with other nations is indispensable to 
     United States foreign policy in that trade assists developing 
     nations in achieving these very objectives.
       (4) It is in the United States national security interests 
     to increase and improve our ties, economically and otherwise, 
     with Russia, Central Asia, and the South Caucasus.
       (5) The development of strong political, economic, and 
     security ties between Russia, Central Asia, the South 
     Caucasus, and the United States will foster stability in this 
     region.
       (6) The development of open market economies and open 
     democratic systems in Russia, Central Asia and the South 
     Caucasus will provide positive incentives for American 
     private investment, increased trade, and other forms of 
     commercial interaction with the United States.
       (7) Many of the nations in this region have secular Muslim 
     governments that are seeking closer alliance with the United 
     States and that have diplomatic and commercial relations with 
     Israel.
       (8) The nations of Russia, Central Asia and the South 
     Caucasus could produce oil and gas in sufficient quantities 
     to reduce the dependence of the United States on energy from 
     the volatile Persian Gulf region.
       (9) Normal trade relations between Russia, Central Asia, 
     the South Caucasus, and the United States will help achieve 
     these objectives.
       (b) Sense of Congress.--(1) Prior to extending normal trade 
     relations with Russia and the nations of Central Asia and the 
     South Caucasus, the President should--
       (A) obtain the commitment of those countries to developing 
     a system of governance in accordance with the provisions of 
     the Final Act of the Conference on Security and Cooperation 
     in Europe (also known as the ``Helsinki Final Act'') 
     regarding human rights and humanitarian affairs;

[[Page S4541]]

       (B) ensure that those countries have endeavored to address 
     issues related to their national and religious minorities 
     and, as a member state of the Organization for Security and 
     Cooperation in Europe (OSCE), committed to adopting special 
     measures for ensuring that persons belonging to national 
     minorities have full equality individually as well as in 
     community with other members of their group;
       (C) ensure that those countries have also committed to 
     enacting legislation to provide protection against incitement 
     to violence against persons or groups based on national, 
     racial, ethnic, or religious discrimination, hostility, or 
     hatred, including anti-Semitism; and
       (D) ensure that those countries have continued to return 
     communal properties confiscated from national and religious 
     minorities during the Soviet period, facilitating the 
     reemergence of these communities in the national life of each 
     of those countries and establishing the legal framework for 
     completion of this process in the future.
       (2) Earlier this year the Governments of the United States 
     and Kazakhstan exchanged letters underscoring the importance 
     of religious freedom and human rights, and the President 
     should seek similar exchanges with all nations from the 
     region.
       (c) Permanent Normal Trade Relations for Russia.--
       (1) Presidential determination and extension of 
     nondiscriminatory treatment.--Notwithstanding any provision 
     of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et 
     seq.), the President, after certifying to Congress that all 
     outstanding trade disputes have been resolved with Russia, 
     may--
       (A) determine that such title should no longer apply to 
     Russia; and
       (B) after making a determination under subparagraph (A) 
     with respect to Russia, proclaim the extension of 
     nondiscriminatory treatment (normal trade relations 
     treatment) to the products of that country.
       (2) Termination of application of title iv.--On or after 
     the effective date of the extensions under paragraph (1)(B) 
     of nondiscriminatory treatment to the products of Russia 
     included under paragraph (1)(B), title IV of the Trade Act of 
     1974 shall cease to apply to that country.
       (d) Permanent Normal Trade Relations for Kazakhstan.--
       (1) Presidential determination and extension of 
     nondiscriminatory treatment.--Notwithstanding any provision 
     of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et 
     seq.), the President may--
       (A) determine that such title should no longer apply to 
     Kazakhstan; and
       (B) after making a determination under subparagraph (A) 
     with respect to Kazakhstan, proclaim the extension of 
     nondiscriminatory treatment (normal trade relations 
     treatment) to the products of that country.
       (2) Termination of application of title iv.--On or after 
     the effective date of the extension under paragraph (1)(B) of 
     nondiscriminatory treatment to the products of Kazakhstan 
     included under paragraph (1)(B), title IV of the Trade Act of 
     1974 shall cease to apply to that country.
       (e) Permanent Normal Trade Relations for Tajikistan.--
       (1) Presidential determination and extension of 
     nondiscriminatory treatment.--Notwithstanding any provision 
     of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et 
     seq.), the President may--
       (A) determine that such title should no longer apply to 
     Tajikistan; and
       (B) after making a determination under subparagraph (A) 
     with respect to Tajikistan, proclaim the extension of 
     nondiscriminatory treatment (normal trade relations 
     treatment) to the products of that country.
       (2) Termination of application of title iv.--On or after 
     the effective date of the extension under paragraph (1)(B) of 
     nondiscriminatory treatment to the products of Tajikistan 
     included under paragraph (1)(B), title IV of the Trade Act of 
     1974 shall cease to apply to that country.
       (f) Permanent Normal Trade Relations for Uzbekistan.--
       (1) Presidential determination and extension of 
     nondiscriminatory treatment.--Notwithstanding any provision 
     of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et 
     seq.), the President may--
       (A) determine that such title should no longer apply to 
     Uzbekistan; and
       (B) after making a determination under subparagraph (A) 
     with respect to Uzbekistan, proclaim the extension of 
     nondiscriminatory treatment (normal trade relations 
     treatment) to the products of that country.
       (2) Termination of application of title iv.--On or after 
     the effective date of the extension under paragraph (1)(B) of 
     nondiscriminatory treatment to the products of Uzbekistan 
     included under paragraph (1)(B), title IV of the Trade Act of 
     1974 shall cease to apply to that country.
       (g) Permanent Normal Trade Relations for Armenia.--
       (1) Presidential determination and extension of 
     nondiscriminatory treatment.--Notwithstanding any provision 
     of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et 
     seq.), the President may--
       (A) determine that such title should no longer apply to 
     Armenia; and
       (B) after making a determination under subparagraph (A) 
     with respect to Armenia, proclaim the extension of 
     nondiscriminatory treatment (normal trade relations 
     treatment) to the products of that country.
       (2) Termination of application of title iv.--On or after 
     the effective date of the extensions under paragraph (1)(B) 
     of nondiscriminatory treatment to the products of Armenia 
     included under paragraph (1)(B), title IV of the Trade Act of 
     1974 shall cease to apply to that country.
       (h) Permanent Normal Trade Relations for Azerbaijan.--
       (1) Presidential determination and extension of 
     nondiscriminatory treatment.--Notwithstanding any provision 
     of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et 
     seq.), the President may--
       (A) determine that such title should no longer apply to 
     Azerbaijan; and
       (B) after making a determination under paragraph (1) with 
     respect to Azerbaijan, proclaim the extension of 
     nondiscriminatory treatment (normal trade relations 
     treatment) to the products of that country.
       (2) Termination of application of title iv.--On or after 
     the effective date of the extensions under paragraph (1)(B) 
     of nondiscriminatory treatment to the products of Azerbaijan 
     included under paragraph (1)(B), title IV of the Trade Act of 
     1974 shall cease to apply to that country.
       (i) Permanent Normal Trade Relations for Turkmenistan.--
       (1) Presidential determination and extension of 
     nondiscriminatory treatment.--Notwithstanding any provision 
     of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et 
     seq.), the President may--
       (A) determine that such title should no longer apply to 
     Turkmenistan; and
       (B) after making a determination under subparagraph (A) 
     with respect Turkmenistan, proclaim the extension of 
     nondiscriminatory treatment (normal trade relations 
     treatment) to the products of that country.
       (2) Termination of application of title iv.--On or after 
     the effective date of the extensions under paragraph (1)(B) 
     of nondiscriminatory treatment to the products of 
     Turkmenistan included under paragraph (1)(B), title IV of the 
     Trade Act of 1974 shall cease to apply to that country.
                                  ____

  SA 3447. Mr. REID (for Mr. Byrd) 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, to grant additional trade 
benefits under that Act, and for other purposes; as follows:

       Strike section 2107 (a) and (b)(1) and insert the 
     following:
       (a) Members and Functions.--
       (1) In general.--By not later than 60 days after the date 
     of the enactment of this Act, and not later than 30 days 
     after the convening of each Congress, the Speaker of the 
     House of Representatives and the President Pro Tempore of the 
     Senate shall jointly establish and convene the Congressional 
     Oversight Group.
       (2) Membership from the house.--In each Congress, the 
     Congressional Oversight Group shall be comprised of the 
     following Members of the House of Representatives:
       (A) The Speaker of the House of Representatives.
       (B) The Majority Leader of the House of Representatives.
       (C) The Minority Leader of the House of Representatives.
       (D) Eight additional members appointed by the Speaker of 
     the House of Representatives. Four members shall be selected 
     from the majority party. Four members shall be selected from 
     the minority party, after consultation with the Minority 
     Leader of the House of Representatives. None of the eight 
     members appointed under this paragraph may be members of the 
     Committee on Ways and Means.
       (3) Membership from the senate.--In each Congress, the 
     Congressional Oversight Group shall also be comprised of the 
     following members of the Senate:
       (A) The President Pro Tempore of the Senate.
       (B) The Majority Leader of the Senate.
       (C) The Minority Leader of the Senate.
       (D) Eight additional members appointed by the President pro 
     tempore of the Senate. Four members shall be selected from 
     the majority party, after consultation with the Majority 
     Leader of the Senate. Four members shall be selected from the 
     minority party, after consultation with the Minority Leader 
     of the Senate. None of the eight members appointed under this 
     paragraph may be members of the Committee on Finance.
       (4) Appointment of co-chairmen and staff.--The Speaker of 
     the House of Representatives, the Minority Leader of the 
     House of Representatives, the Majority Leader of the Senate, 
     and the Minority Leader of the Senate shall each designate a 
     member to serve as a co-chairman of the Congressional 
     Oversight Group.
       (5) Coordination with congressional advisers for trade 
     policy.--All briefings, consultations, conferences, 
     negotiations, and meetings attended by the Congressional 
     Oversight Group shall be open to the congressional advisers 
     for trade policy appointed pursuant to section 161 of the 
     Trade Act of 1974 (19 U.S.C. 2211). All documents, materials, 
     and other information provided to the Congressional Oversight 
     Group shall be made available to the congressional advisers 
     for trade policy appointed pursuant to such

[[Page S4542]]

     section 161. The co-chairmen of the Congressional Oversight 
     Group shall regularly meet with the congressional advisers 
     for trade policy to ensure that each group is afforded equal 
     access to the meetings, information, and consultative 
     processes provided to the other.
       (6) Senate staff and expenses.--
       (A) In general.--The Senate co-chairmen are authorized to 
     employ such staff and incur such expenses as may be necessary 
     or appropriate to carry out the duties and functions of the 
     Congressional Oversight Group. Payment for meals and food-
     related expenses may be reimbursed only to the extent such 
     expenses are incurred in the conduct of official duties.
       (B) Appointment of staff.--The two Senate co-chairmen shall 
     designate professional staff to work on the Congressional 
     Oversight Group. The professional staff shall serve all 
     members of the Congressional Oversight Group.
       (C) Special rule for senate staff.--In the case of any 
     staff member who is an employee of a Member of the Senate (or 
     a committee of the Senate), designated to perform duties for 
     Congressional Oversight Group, the staff member shall 
     continue to be paid by the member or the committee. The 
     member and the committee shall be reimbursed by funds 
     authorized under subparagraph (D).
       (D) Expenses.--Expenses shall be paid from the contingent 
     fund of the Senate, out of the account of Miscellaneous 
     Items. For any fiscal year, not more than $200,000 shall be 
     expended for staff and expenses (excepting expenses for 
     foreign travel).
       (7) House staff and expenses.--The House of Representatives 
     may establish its own rules for the staffing, compensation, 
     and expenses of the House co-chairmen and staff of the 
     Congressional Oversight Group.
       (8) Accreditation.--Each member of the Congressional 
     Oversight Group described in paragraphs (2) and (3) shall be 
     accredited by the United States Trade Representative on 
     behalf of the President as official advisers to the United 
     States delegation in negotiations for any trade agreement to 
     which this Act applies. The Congressional Oversight Group 
     shall consult with and provide advice to the Trade 
     Representative regarding the formulation of specific 
     objectives, negotiating strategies and positions, the 
     development of the applicable trade agreement, and compliance 
     and enforcement of the negotiated commitments under the trade 
     agreement.
       (b) Guidelines.--
       (1) Purpose and revision.--The United States Trade 
     Representative, in consultation with the co-chairmen of the 
     Congressional Oversight Group--
       (A) shall, within 120 days after the date of the enactment 
     of this Act, develop written guidelines to facilitate the 
     useful and timely exchange of information between the Trade 
     Representative and the Congressional Oversight Group 
     established under this section; and
       (B) may make such revisions to the guidelines as may be 
     necessary from time to time.
                                  ____

  SA 3448. Mr. REID (for Mr. Byrd) 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:
       On page 287, beginning on line 16, strike all through page 
     288, line 12, and insert the following:

       (bb) shall be referred to the Committee on Finance and to 
     the Committee on Rules and Administration; and
       (cc) may not be amended.

       (ii) 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 a procedural disapproval resolution 
     introduced with respect to a trade agreement, except that 
     subsection (e)(2) of such section 152 shall be applied by 
     substituting ``6 hours'' for ``20 hours''.
       (iii) It is not in order for the House of Representatives 
     to consider any procedural disapproval resolution not 
     reported by the Committee on Ways and Means and, in addition, 
     by the Committee on Rules.
       (iv) In the Senate, the Committee on Finance and the 
     Committee on Rules and Administration shall report the 
     procedural disapproval resolution not later than 10 days 
     after the date the resolution is introduced. If any 
     Committee, to which a resolution is referred, fails to report 
     the resolution within the 10-day period, the Committee shall 
     be automatically discharged from further consideration of the 
     resolution and the resolution shall be placed on the 
     Calendar.
       (v) Once the procedural disapproval resolution is placed on 
     the Calendar, any Senator may make a motion to proceed to 
     consider the resolution. The motion to proceed to consider 
     the resolution shall not be debatable.
                                  ____

  SA 3449. Mr. REID (for Mr. Byrd) 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:

       On page 266, beginning on line 17, strike all through page 
     267, line 19, and insert the following:
       (B) Introduction.--Extension disapproval resolutions--
       (i) may be introduced in either House of the Congress by 
     any member of such House;
       (ii) shall be referred, in the House of Representatives, to 
     the Committee on Ways and Means and, in addition, to the 
     Committee on Rules; and
       (iii) shall be referred, in the Senate, to the Committee on 
     Finance and the Committee on Rules and Administration.
       (C) Application of section 152 of the trade act of 1974.--
       (i) Report and discharge of committees.--Each Committee to 
     which an extension disapproval resolution is referred, shall 
     report the resolution not later than 10 days after the date 
     of introduction of the resolution. If any Committee fails to 
     report the resolution within the 10-day period, the Committee 
     shall be automatically discharged from further consideration 
     of the resolution and the resolution shall be placed on the 
     Calendar. Once the extension disapproval resolution is placed 
     on the Calendar, any Senator may make a motion to proceed to 
     consider the resolution. The motion to proceed to consider 
     the resolution shall not be debatable.
       (ii) Application of trade act.--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 extension 
     disapproval resolutions except that subsection (e)(2) of such 
     section 152 shall be applied by substituting ``6 hours'' for 
     ``20 hours''.
       (D) Limitations.--It is not in order for--
       (i) the House of Representatives to consider any extension 
     disapproval resolution not reported by the Committee on Ways 
     and Means and, in addition, by the Committee on Rules; or
       (ii) either House of the Congress to consider an extension 
     disapproval resolution after June 30, 2005.
                                  ____

  SA 3450. Mr. REID (for Mr. Byrd) submitted an amendment intended to 
be proposed an 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), insert the following:
       (4) Limitations.--Notwithstanding any other provision of 
     law, trade authorities procedures shall apply, if at all, 
     only to an implementing bill that implements a single 
     agreement obtained as a result of the global trade 
     negotiations launched at the Fourth Ministerial Conference of 
     the World Trade Organization in Doha, Qatar, in November, 
     2001.
                                  ____

  SA 3451. Mr. REID (for Mr. Byrd) 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 appropriate place, insert the following:

     SEC. ____. DISCLOSURE OF INVESTMENTS AND TRANSACTIONS IN 
                   CERTAIN FOREIGN COUNTRIES.

       (a) Securities Exchange Act of 1934.--Section 13 of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by 
     adding at the end the following new subsection:
       ``(i) Disclosure of Investments in Certain Foreign 
     Entities.--
       ``(1) In general.--Each designated issuer shall, in 
     accordance with such rules and regulations as the Commission 
     may prescribe as necessary or appropriate in the public 
     interest or for the protection of investors--
       ``(A) disclose in each report or other document required to 
     be filed under this section, including all annual filings, 
     and in each registration statement required under section 14, 
     and the Commission shall consider material, each investment 
     or transaction in excess of $10,000 by that designated issuer 
     in or with any designated entity; and
       ``(B) display all disclosures required by subparagraph (A) 
     prominently for investors.
       ``(2) Definitions.--For purposes of this subsection--
       ``(A) the term `designated entity' means any company or 
     other entity that is organized under the laws of a foreign 
     country, a government-owned corporation of a foreign country, 
     or the government of any foreign country--
       ``(i) that is subject to sanctions by the Office of Foreign 
     Assets Control; or
       ``(ii) the government of which has been determined by the 
     Secretary of State under section 6(j)(1)(A) of the Export 
     Administration Act of 1979, section 40(d) of the Arms Export 
     Control Act, or section 620A of the Foreign Assistance Act of 
     1961, to have knowingly provided support for acts of 
     international terrorism.''.
       ``(B) the term `designated issuer'--
       ``(i) means any issuer of a security registered pursuant to 
     section 12, or the securities of which (including American 
     Depository Receipts) are directly or indirectly listed for 
     trading or sold on any national securities exchange or in any 
     United States over-the-counter market; and

[[Page S4543]]

       ``(ii) includes any subsidiary or other affiliate of such 
     an issuer.''.
       (b) Securities Act of 1933.--Section 10 of the Securities 
     Act of 1933 (15 U.S.C. 77j) is amended by adding at the end 
     the following new subsection:
       ``(g) Disclosure of Investments or Transactions in Certain 
     Foreign Entities.--
       ``(1) In general.--Each designated issuer shall, in 
     accordance with such rules and regulations as the Commission 
     may prescribe as necessary or appropriate in the public 
     interest or for the protection of investors--
       ``(A) disclose in each prospectus required or permitted by 
     this section, and the Commission shall consider material, 
     each investment or transaction in excess of $10,000 by that 
     designated issuer in or with any designated entity; and
       ``(B) display all disclosures required by subparagraph (A) 
     prominently for investors.
       ``(2) Definitions.--For purposes of this subsection--
       ``(A) the term `designated entity' means any company or 
     other entity that is organized under the laws of a foreign 
     country, a government-owned corporation of a foreign country, 
     or the government of any foreign country--
       ``(i) that is subject to sanctions by the Office of Foreign 
     Assets Control; or
       ``(ii) the government of which has been determined by the 
     Secretary of State under section 6(j)(1)(A) of the Export 
     Administration Act of 1979, section 40(d) of the Arms Export 
     Control Act, or section 620A of the Foreign Assistance Act of 
     1961, to have knowingly provided support for acts of 
     international terrorism.''.
       ``(B) the term `designated issuer'--
       ``(i) means any issuer of a security registered pursuant to 
     section 12 of the Securities Exchange Act of 1934, or the 
     securities of which (including American Depository Receipts) 
     are directly or indirectly listed for trading or sold on any 
     national securities exchange or in any United States over-
     the-counter market; and
       ``(ii) includes any subsidiary or other affiliate of such 
     an issuer.''.
                                  ____

  SA 3452. Mr. REID (for Mr. Byrd) 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:

       On page ____, between lines ____ and ____, insert the 
     following:

     SEC. ____. CLEAN ENERGY TECHNOLOGY EXPORTS PROGRAM.

       (a) Definitions.--In this section:
       (1) Clean energy technology.--The term ``clean energy 
     technology'' means an energy supply or end-use technology 
     that, over the lifecycle of the technology, compared with a 
     comparable technology in commercial use in a trade partner 
     country--
       (A) results in the emission of substantially lower levels 
     of pollutants or greenhouse gases; and
       (B) may generate substantially smaller or less toxic 
     volumes of solid or liquid waste.
       (2) Trade partner country.--The term ``trade partner 
     country'' means a developing country, country in transition, 
     or other country with which United States exporters engage in 
     trade.
       (b) Federal Support for Clean Energy Technology Transfer.--
     Notwithstanding any other provision of law, each Federal 
     agency or Government corporation carrying out an assistance 
     program in support of the activities of United States persons 
     in the environment or energy sector of a trade partner 
     country shall, as part of the program, support, to the 
     maximum extent practicable, the transfer of United States 
     clean energy technology.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Federal agencies and Government 
     corporations described in (b) such sums as are necessary to 
     carry out this section.
                                  ____

  SA 3453. Mr. REID (for Mr. Byrd) 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 appropriate place, insert the following:

     SEC. ____. CERTIFICATION REGARDING FORCED LABOR.

       (a) Short Title.--This section may be cited as the ``Labor 
     Certification Act of 2002''.
       (b) Certification Required.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary of the Treasury shall 
     require that any person importing goods into the United 
     States from a country identified as using forced labor 
     provide a certificate to the United States Customs Service 
     that the goods being imported comply with the provisions of 
     section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) and 
     that no part of the goods were made with prison, forced, or 
     indentured labor, or with labor performed in any type of 
     involuntary situation.
       (2) Definitions.--In this section:
       (A) Country identified as using forced labor.--The term 
     ``country identified as using forced labor'' means a country 
     identified as using forced labor by the Department of State 
     in the most recent Country Reports on Human Rights Practices.
       (B) Goods.--For purposes of this section, the term 
     ``goods'' includes goods, wares, articles, and merchandise 
     mined, produced, or manufactured wholly or in part in any 
     foreign country.
       (C) Involuntary situation.--The term ``involuntary 
     situation'' includes any situation where work is performed on 
     an involuntary basis, whether or not it is performed in a 
     penal institution, a re-education through labor program, a 
     pre-trial detention facility, or any similar situation.
       (D) Prison, forced, or indentured labor.--
       (i) In general.--The term ``prison, forced, or indentured 
     labor'' includes forced child labor or any labor performed 
     for which the worker does not offer himself voluntarily.
       (ii) Forced child labor.--The term ``forced child labor'' 
     means forced or indentured child labor that includes the use 
     of children under the age of 18 in any form of slavery or 
     practices similar to slavery, such as the sale and 
     trafficking of children, debt bondage and serfdom, and forced 
     or compulsory labor.
       (c) Study and Report.--Not later than 6 months after the 
     date of enactment of this Act, the Secretary of State, in 
     consultation with the Commissioner of Customs, shall report 
     to Congress on the implementation of the existing 1992 
     Memorandum of Understanding and 1994 Statement of Cooperation 
     with the People's Republic of China regarding the use of 
     forced labor to make goods destined for the United States. 
     The report shall include information on requests by the 
     United States to visit suspected forced labor facilities in 
     China and the outcome of those requests. The report shall 
     also make specific recommendations on how the Memorandum and 
     Statement can be improved, and discuss the status of efforts 
     to improve those agreements.
       (d) Enforcement.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Commissioner of Customs shall 
     initiate an inspection program. Pursuant to the inspection 
     program, whenever the Commissioner receives credible evidence 
     that a facility in the People's Republic of China is using 
     forced labor to make goods destined for the United States, 
     the Commissioner shall request United States officials be 
     allowed to inspect the facility. If an inspection is not 
     permitted within 60 days of the request, goods made at that 
     facility shall not be permitted entry at any of the ports of 
     the United States, and importation of such goods shall be 
     prohibited until the inspection is carried out. The Secretary 
     of the Treasury shall prescribe such regulations as may be 
     necessary to carry out the enforcement of this provision.
       (2) Forced labor.--For purposes of this subsection, the 
     term ``forced labor'' means convict or prison labor, forced 
     labor, indentured labor, or labor performed in any type of 
     involuntary situation.
       (e) Authorization of Customs Personnel.--Section 3701 of 
     the Strom Thurmond National Defense Authorization Act for 
     Fiscal Year 1999 is amended by striking ``for fiscal year 
     1999'' and inserting ``for each of fiscal years 2002 and 
     2003''.
                                  ____

  SA 3454. Mr. NELSON of Florida (for himself and Mr. GRAHAM) 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:

       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.
                                  ____

  SA 3455. Mr. NELSON of Florida (for himself and Mr. Graham) 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:

       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

[[Page S4544]]

     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.
                                  ____
                                  

                          ____________________