[Congressional Record Volume 148, Number 64 (Friday, May 17, 2002)]
[Senate]
[Pages S4545-S4547]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S4545]]
            ANDEAN TRADE PREFERENCE EXPANSION ACT--Continued

  Mr. REID. Mr. President, what is the business before the Senate?
  The PRESIDING OFFICER. The trade promotion authority bill is pending 
before the Senate.
  Mr. REID. It need not be reported, it is pending; is that right?
  The PRESIDING OFFICER. The Senator is correct.
  Mr. REID. I 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 the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


        Amendments Nos. 3447 through 3453 to Amendment No. 3401

  Mr. REID. Mr. President, I ask unanimous consent that the pending 
amendment be set aside so I may call up amendments at the desk on 
behalf of Senator Byrd; that the amendment be reported by number and 
then set aside.
  I call up those amendments at this time.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the amendments.
  The legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid], for Mr. Byrd, proposes 
     amendments numbered 3447 through 3453 to amendment No. 3401.

  The amendments are as follows:


                           amendment no. 3447

    (Purpose: To amend the provisions relating to the Congressional 
                            Oversight Group)

       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 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.
                                  ____



                           amendment no. 3448

    (Purpose: To clarify the procedures for procedural disapproval 
                              resolutions)

       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.
                                  ____



                           amendment no. 3449

     (Purpose: To clarify the procedures for extension disapproval 
                              resolutions)

       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

[[Page S4546]]

     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.
                                  ____



                           amendment no. 3450

(Purpose: To limit the application of trade authorities procedures to a 
                 single agreement resulting from DOHA)

       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.
                                  ____



                           amendment no. 3451

   (Purpose: To address disclosures by publicly traded companies of 
  relationships with certain countries or foreign-owned corporations)

       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
       ``(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.''.
                                  ____



                           amendment no. 3452

 (Purpose: To facilitate the opening of energy markets and promote the 
               exportation of clean energy technologies)

       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.
                                  ____



                           amendment no. 3453

(Purpose: To require that certification of compliance with section 307 
  of the Tariff Act of 1930 be provided with respect to certain goods 
                    imported into the United States)

       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

[[Page S4547]]

     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''.

  The PRESIDING OFFICER. The amendments are now set aside.
  Mr. REID. Mr. President, I appreciate your patience. We know it is 
late in the day and we have things to do, but we appreciate your doing 
overtime duty as the Presiding Officer.

                          ____________________