[Congressional Record Volume 148, Number 65 (Monday, May 20, 2002)]
[Senate]
[Pages S4571-S4575]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3456. Mr. REID (for Mr. Durbin) 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 XXXII, insert the following:

     SEC. 3204. DUTY SUSPENSION ON WOOL.

       (a) Extension of Temporary Duty Reductions.--
       (1) Heading 9902.51.11.-- Heading 9902.51.11 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     striking ``2003'' and inserting ``2005''.
       (2) Heading 9902.51.12.-- Heading 9902.51.12 of the 
     Harmonized Tariff Schedule of the United States is amended--
       (A) by striking ``2003'' and inserting ``2005''; and
       (B) by striking ``6%'' and inserting ``Free''.
       (3) Heading 9902.51.13.--Heading 9902.51.13 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     striking ``2003'' and inserting ``2005''.
       (4) Heading 9902.51.14.--Heading 9902.51.14 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     striking ``2003'' and inserting ``2005''.
       (b) Limitation on Quantity of Imports.--
       (1) Note 15.--U.S. Note 15 to subchapter II of chapter 99 
     of the Harmonized Tariff Schedule of the United States is 
     amended--
       (A) by striking ``from January 1 to December 31 of each 
     year, inclusive''; and
       (B) by striking ``, or such other'' and inserting the 
     following: ``in calendar year 2001, 3,500,000 square meter 
     equivalents in calendar year 2002, and 4,500,000 square meter 
     equivalents in calendar year 2003 and each calendar year 
     thereafter, or such greater''.
       (2) Note 16.--U.S. Note 16 to subchapter II of chapter 99 
     of the Harmonized Tariff Schedule of the United States is 
     amended--
       (A) by striking ``from January 1 to December 31 of each 
     year, inclusive''; and
       (B) by striking ``, or such other'' and inserting the 
     following: ``in calendar year 2001, 2,500,000 square meter 
     equivalents in calendar year 2002, and 3,500,000 square meter 
     equivalents in calendar year 2003 and each calendar year 
     thereafter, or such greater''.
       (c) Extension of Duty Refunds and Wool Research Trust 
     Fund.--
       (1) In general.--The United States Customs Service shall 
     pay each manufacturer that receives a payment under section 
     505 of the Trade and Development Act of 2000 (Public Law 106-
     200) for calendar year 2002, and that provides an affidavit 
     that it remains a manufacturer in the United States as of 
     January 1 of the year of the payment, 2 additional payments, 
     each payment equal to the payment received for calendar year 
     2002 as follows:
       (A) The first payment to be made after January 1, 2004, but 
     on or before April 15, 2004.
       (B) The second payment to be made after January 1, 2005, 
     but on or before April 15, 2005.
       (2) Conforming amendment.--Section 506(f) of the Trade and 
     Development Act of 2000 (Public Law 106-200) is amended by 
     striking ``2004'' and inserting ``2006''.
       (3) Trust fund.--
       (A) In general.--There is established in the Treasury of 
     the United States a trust fund to be known as the ``Worsted 
     Wool Fabric Manufacturer Trust Fund'' (in this paragraph 
     referred to as the ``Wool Fabric Trust Fund''), consisting of 
     $32,000,000 transferred to the Wool Fabric Trust Fund from 
     funds in the general fund of the Treasury.
       (B) Grants.--
       (i) General purpose.--From amounts available in the Wool 
     Fabric Trust Fund, the Secretary of Commerce is authorized to 
     provide grants to manufacturers of worsted wool fabric to 
     assist such manufacturers in maximizing employment in the 
     production of textile products, and meeting their obligations 
     to workers, former workers, and retirees in the textile 
     industry.
       (ii) Application for grants.--Qualified applicants shall 
     apply for such grants no later than 30 days after enactment 
     of this paragraph in accordance with guidelines prescribed by 
     the Secretary and the Secretary shall award such grants no 
     later than 60 days after receiving a completed application.
       (C) Distribution of funds.--Of the amounts in the Wool 
     Fabric Trust Fund--
       (i) $16,000,000 shall be made available to manufacturers of 
     worsted wool fabric whose aggregate domestic production of 
     fabric of the kind described in heading 9902.51.12 of the 
     Harmonized Tariff Schedule of the United States during 
     calendar years 1999, 2000, and 2001 equals or exceeds 60 
     percent of all worsted wool fabric produced by all such 
     manufacturers, and shall be allocated based on the percentage 
     of each such manufacturer's production of the fabric 
     described in such heading for such 3 years compared to the 
     production of such fabric for all such applicants who qualify 
     under this clause; and
       (ii) $16,000,000 shall be made available to manufacturers 
     of worsted wool fabric who do not qualify under clause (i), 
     and shall be allocated based on the percentage of each such 
     manufacturer's aggregate domestic production of the fabric 
     described in heading 9902.51.11 of the Harmonized Tariff 
     Schedule of the United States during calendar years

[[Page S4572]]

     1999, 2000, and 2001 compared to the production of such 
     fabric during such years for all applicants who qualify under 
     this clause.
       (D) No appeal.--Any grant awarded by the Secretary under 
     this paragraph shall be final and not subject to appeal or 
     protest.
       (4) Authorization.--There is authorized to be appropriated 
     and is appropriated out of amounts in the general fund of the 
     Treasury not otherwise appropriated such sums as are 
     necessary to carry out the provisions of this subsection.
       (d) Requests for Modification of Limitation on Quantity of 
     Fabrics.--
       (1) General rule.--Manufacturers may request modifications 
     to the limitation on the quantity of imports of worsted wool 
     fabrics under heading 9902.51.11 or 9902.51.12 of the 
     Harmonized Tariff Schedule of the United States pursuant to 
     section 504(b) of Public Law 106-200, only upon a finding by 
     the United States International Trade Commission that 
     domestic fabric manufacturers have reduced their capacity 
     from the levels existing at the end of calendar year 2002 to 
     produce the fabric described under such heading by 25 
     percent, or have reduced their sales of such fabric by 50 
     percent.
       (2) Request for finding.--The United States International 
     Trade Commission shall make a finding regarding the extent of 
     any such reduction in capacity or sales upon the request of a 
     manufacturer of apparel products made of such worsted wool 
     fabric.
       (3) Limitation.--No modification may be made pursuant to 
     section 504(b) of the Trade and Development Act of 2000 
     (Public Law 106-200) for fabric imported during calendar 
     years 2002 or 2003.
       (e) Effective Date.--The amendment made by subsection 
     (a)(2)(B) applies to goods entered, or withdrawn from 
     warehouse for consumption, on or after January 1, 2002.

     SEC. 3205. PARTIAL PAYMENT OF TAX LIABILITY IN INSTALLMENT 
                   AGREEMENTS.

       (a) In General.--
       (1) Section 6159(a) of the Internal Revenue Code of 1986 
     (relating to authorization of agreements) is amended--
       (A) by striking ``satisfy liability for payment of'' and 
     inserting ``make payment on'', and
       (B) by inserting ``full or partial'' after ``facilitate''.
       (2) Section 6159(c) of such Code (relating to Secretary 
     required to enter into installment agreements in certain 
     cases) is amended in the matter preceding paragraph (1) by 
     inserting ``full'' before ``payment''.
       (b) Requirement To Review Partial Payment Agreements Every 
     Two Years.--Section 6159 of such Code is amended by 
     redesignating subsections (d) and (e) as subsections (e) and 
     (f), respectively, and inserting after subsection (c) the 
     following new subsection:
       ``(d) Secretary Required To Review Installment Agreements 
     for Partial Collection Every Two Years.--In the case of an 
     agreement entered into by the Secretary under subsection (a) 
     for partial collection of a tax liability, the Secretary 
     shall review the agreement at least once every 2 years.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to agreements entered into on or after the date 
     of the enactment of this Act.
                                  ____

  SA 3457. Mr. REID (for Mr. Durbin) 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:
       After section 3201, insert the following:

     SEC. 3202. DUTY SUSPENSION ON WOOL.

       (a) Extension of Temporary Duty Reductions.--
       (1) Heading 9902.51.11.-- Heading 9902.51.11 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     striking ``2003'' and inserting ``2005''.
       (2) Heading 9902.51.12.-- Heading 9902.51.12 of the 
     Harmonized Tariff Schedule of the United States is amended--
       (A) by striking ``2003'' and inserting ``2005''; and
       (B) by striking ``6%'' and inserting ``Free''.
       (3) Heading 9902.51.13.--Heading 9902.51.13 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     striking ``2003'' and inserting ``2005''.
       (4) Heading 9902.51.14.--Heading 9902.51.14 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     striking ``2003'' and inserting ``2005''.
       (b) Limitation on Quantity of Imports.--
       (1) Note 15.--U.S. Note 15 to subchapter II of chapter 99 
     of the Harmonized Tariff Schedule of the United States is 
     amended--
       (A) by striking ``from January 1 to December 31 of each 
     year, inclusive''; and
       (B) by striking ``, or such other'' and inserting the 
     following: ``in calendar year 2001, 3,500,000 square meter 
     equivalents in calendar year 2002, and 4,500,000 square meter 
     equivalents in calendar year 2003 and each calendar year 
     thereafter, or such greater''.
       (2) Note 16.--U.S. Note 16 to subchapter II of chapter 99 
     of the Harmonized Tariff Schedule of the United States is 
     amended--
       (A) by striking ``from January 1 to December 31 of each 
     year, inclusive''; and
       (B) by striking ``, or such other'' and inserting the 
     following: ``in calendar year 2001, 2,500,000 square meter 
     equivalents in calendar year 2002, and 3,500,000 square meter 
     equivalents in calendar year 2003 and each calendar year 
     thereafter, or such greater''.
       (c) Extension of Duty Refunds and Wool Research Trust 
     Fund.--
       (1) In general.--The United States Customs Service shall 
     pay each manufacturer that receives a payment under section 
     505 of the Trade and Development Act of 2000 (Public Law 106-
     200) for calendar year 2002, and that provides an affidavit 
     that it remains a manufacturer in the United States as of 
     January 1 of the year of the payment, 2 additional payments, 
     each payment equal to the payment received for calendar year 
     2002 as follows:
       (A) The first payment to be made after January 1, 2004, but 
     on or before April 15, 2004.
       (B) The second payment to be made after January 1, 2005, 
     but on or before April 15, 2005.
       (2) Conforming amendment.--Section 506(f) of the Trade and 
     Development Act of 2000 (Public Law 106-200) is amended by 
     striking ``2004'' and inserting ``2006''.
       (3) Trust fund.--
       (A) In general.--There is established in the Treasury of 
     the United States a trust fund to be known as the ``Worsted 
     Wool Fabric Manufacturer Trust Fund'' (in this paragraph 
     referred to as the ``Wool Fabric Trust Fund''), consisting of 
     $32,000,000 transferred to the Wool Fabric Trust Fund from 
     funds in the general fund of the Treasury.
       (B) Grants.--
       (i) General purpose.--From amounts available in the Wool 
     Fabric Trust Fund, the Secretary of Commerce is authorized to 
     provide grants to manufacturers of worsted wool fabric to 
     assist such manufacturers in maximizing employment in the 
     production of textile products, and meeting their obligations 
     to workers, former workers, and retirees in the textile 
     industry.
       (ii) Application for grants.--Qualified applicants shall 
     apply for such grants no later than 30 days after enactment 
     of this paragraph in accordance with guidelines prescribed by 
     the Secretary and the Secretary shall award such grants no 
     later than 60 days after receiving a completed application.
       (C) Distribution of funds.--Of the amounts in the Wool 
     Fabric Trust Fund--
       (i) $16,000,000 shall be made available to manufacturers of 
     worsted wool fabric whose aggregate domestic production of 
     fabric of the kind described in heading 9902.51.12 of the 
     Harmonized Tariff Schedule of the United States during 
     calendar years 1999, 2000, and 2001 equals or exceeds 60 
     percent of all worsted wool fabric produced by all such 
     manufacturers, and shall be allocated based on the percentage 
     of each such manufacturer's production of the fabric 
     described in such heading for such 3 years compared to the 
     production of such fabric for all such applicants who qualify 
     under this clause; and
       (ii) $16,000,000 shall be made available to manufacturers 
     of worsted wool fabric who do not qualify under clause (i), 
     and shall be allocated based on the percentage of each such 
     manufacturer's aggregate domestic production of the fabric 
     described in heading 9902.51.11 of the Harmonized Tariff 
     Schedule of the United States during calendar years 1999, 
     2000, and 2001 compared to the production of such fabric 
     during such years for all applicants who qualify under this 
     clause.
       (D) No appeal.--Any grant awarded by the Secretary under 
     this paragraph shall be final and not subject to appeal or 
     protest.
       (4) Authorization.--There is authorized to be appropriated 
     and is appropriated out of amounts in the general fund of the 
     Treasury not otherwise appropriated such sums as are 
     necessary to carry out the provisions of this subsection.
       (d) Requests for Modification of Limitation on Quantity of 
     Fabrics.--
       (1) General rule.--Manufacturers may request modifications 
     to the limitation on the quantity of imports of worsted wool 
     fabrics under heading 9902.51.11 or 9902.51.12 of the 
     Harmonized Tariff Schedule of the United States pursuant to 
     section 504(b) of Public Law 106-200, only upon a finding by 
     the United States International Trade Commission that 
     domestic fabric manufacturers have reduced their capacity 
     from the levels existing at the end of calendar year 2002 to 
     produce the fabric described under such heading by 25 
     percent, or have reduced their sales of such fabric by 50 
     percent.
       (2) Request for finding.--The United States International 
     Trade Commission shall make a finding regarding the extent of 
     any such reduction in capacity or sales upon the request of a 
     manufacturer of apparel products made of such worsted wool 
     fabric.
       (3) Limitation.--No modification may be made pursuant to 
     section 504(b) of the Trade and Development Act of 2000 
     (Public Law 106-200) for fabric imported during calendar 
     years 2002 or 2003.
       (e) Effective Date.--The amendment made by subsection 
     (a)(2)(B) applies to goods entered, or withdrawn from 
     warehouse for consumption, on or after January 1, 2002.
                                  ____

  SA 3458. Mr. REID (for Mr. Durbin) 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 new title:

[[Page S4573]]

 TITLE __--STEEL IMPORT NOTIFICATION AND MONITORING; EARLY RELEASE OF 
                              IMPORT DATA

     SEC. __01. STEEL IMPORT NOTIFICATION AND MONITORING PROGRAM.

       (a) In General.--
       (1) Establishment.--Not later than 30 days after the date 
     of the enactment of this title, the Secretary of Commerce, in 
     consultation with the Secretary of the Treasury, shall 
     establish and implement a steel import notification and 
     monitoring program. The program shall include a requirement 
     that any person importing a product classified under chapter 
     72 or 73 of the Harmonized Tariff Schedule of the United 
     States obtain an import notification certificate before such 
     products are entered into the United States.
       (2) Expiration.--The program established under paragraph 
     (1) shall expire on March 5, 2005.
       (b) Steel Import Notification Certificates.--
       (1) In general.--In order to obtain a steel import 
     notification certificate, an importer shall submit to the 
     Secretary of Commerce an application containing--
       (A) the importer's name and address;
       (B) the name and address of the supplier of the goods to be 
     imported;
       (C) the name and address of the producer of the goods to be 
     imported;
       (D) the country of origin of the goods;
       (E) the country from which the goods are to be imported;
       (F) the United States Customs port of entry where the goods 
     will be entered;
       (G) the expected date of entry of the goods into the United 
     States;
       (H) a description of the goods, including the 
     classification of such goods under the Harmonized Tariff 
     Schedule of the United States, including chapters 72 and 73;
       (I) the quantity (in kilograms and net tons) of the goods 
     to be imported;
       (J) the cost insurance freight (CIF) and free alongside 
     ship (FAS) values of the goods to be entered;
       (K) whether the goods are being entered for consumption or 
     for entry into a bonded warehouse or foreign trade zone;
       (L) a certification that the information furnished in the 
     certificate application is correct; and
       (M) any other information the Secretary of Commerce 
     determines to be necessary and appropriate.
       (2) Entry into customs territory.--In the case of 
     merchandise classified under chapter 72 or 73 of the 
     Harmonized Tariff Schedule of the United States that is 
     initially entered into a bonded warehouse or foreign trade 
     zone, a steel import notification certificate shall be 
     required before the merchandise is entered into the customs 
     territory of the United States.
       (3) Issuance of steel import notification certificate.--The 
     Secretary of Commerce shall issue a steel import notification 
     certificate to any person who files an application that meets 
     the requirements of this section. Such certificate shall be 
     valid for a period of 30 days from the date of issuance.
       (c) Statistical Information.--
       (1) In general.--The Secretary of Commerce shall compile 
     and publish on a weekly basis information described in 
     paragraph (2).
       (2) Information described.--Information described in this 
     paragraph means information obtained from steel import 
     notification certificate applications concerning steel 
     imported into the United States and includes with respect to 
     such imports the Harmonized Tariff Schedule of the United 
     States classification (to the tenth digit), the country of 
     origin, the port of entry, quantity, value of steel imported, 
     and whether the imports are entered for consumption or are 
     entered into a bonded warehouse or foreign trade zone. Such 
     information shall also be compiled in aggregate form and made 
     publicly available by the Secretary of Commerce on a weekly 
     basis by public posting through an Internet website. The 
     information provided under this section shall be in addition 
     to any information otherwise required by law.
       (d) Fees.--The Secretary of Commerce may prescribe 
     reasonable fees and charges to defray the costs of carrying 
     out the provisions of this section, including a fee for 
     issuing a certificate under this section.
       (e) Single Producer and Exporter Countries.--
     Notwithstanding any other provision of law, the Secretary of 
     Commerce shall make publicly available all information 
     required to be released pursuant to subsection (c), including 
     information obtained regarding imports from a foreign 
     producer or exporter that is the only producer or exporter of 
     goods subject to this section from a foreign country.
       (f) Regulations.--The Secretary of Commerce may prescribe 
     such rules and regulations relating to the steel import 
     notification and monitoring program as may be necessary to 
     carry the provisions of this section.

     SEC. __02. AMENDMENTS TO SECTION 332 OF THE TARIFF ACT OF 
                   1930.

       Section 332 of the Tariff Act of 1930 (19 U.S.C. 1332) is 
     amended by adding at the end the following:
       ``(h)(1) Any entity, including a trade association, firm, 
     certified or recognized union, or group of workers, which is 
     representative of a domestic industry that produces an 
     article that is like or directly competitive with an imported 
     article, may file a request with the President pursuant to 
     paragraph (2) for the monitoring of imports of such article 
     under subsection (g).
       ``(2) If the request filed under paragraph (1) alleges that 
     an article is being imported into the United States in such 
     increased quantities as to cause serious injury, or threat 
     thereof, to a domestic industry, the President, within 45 
     days after receiving the request, shall determine if 
     monitoring is appropriate.
       ``(3) If the determination under paragraph (2) is 
     affirmative, the President shall request, under subsection 
     (g), the Commission to monitor and investigate the imports 
     concerned for a period not to exceed 2 years.''.

     SEC. __03. EARLY RELEASE OF IMPORT DATA.

       In order to facilitate the early identification of 
     potentially disruptive import surges, the Director of the 
     Office of Management and Budget may grant an exception to the 
     publication dates established for the release of data on 
     United States international trade in goods and services in 
     order to permit public access to preliminary international 
     trade import data, if the Director notifies Congress of the 
     early release of the data.
                                  ____

  SA 3459. Mr. REID (for Mr. Harkin) 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 2102(b), insert the following:
       (15) Worst forms of child labor.--The principal negotiating 
     objectives of the United States regarding the worst forms of 
     child labor are--
       (A) to prevent distortions in the conduct of international 
     trade caused by the use of the worst forms of child labor, in 
     whole or in part, in the production of goods for export in 
     international commerce; and
       (B) to redress unfair and illegitimate competition based 
     upon the use of the worst forms of child labor, in whole or 
     in part, in the production of goods for export in 
     international commerce, including through--
       (i) attaining universal ratification and full compliance by 
     all trading nations with ILO Convention No. 182 Concerning 
     the Prohibition and Immediate Action for the Elimination of 
     the Worst Forms of Child Labor, particularly with respect to 
     meeting enforcement obligations under that Convention and 
     related international agreements;
       (ii) reinforcing the right under Article XX(a) and (b) of 
     GATT 1994 to enact and enforce national measures that are 
     necessary to protect public morals and to protect animal or 
     plant life and health, including measures that limit or ban 
     the importation of goods or services rendered in 
     international trade that are produced through the use of the 
     worst forms of child labor;
       (iii) ensuring that any multilateral or bilateral trade 
     agreement that is entered into by the United States obligates 
     all parties to such agreements to enact and enforce national 
     laws that satisfy their international legal obligations to 
     prevent the use of the worst forms of child labor, especially 
     in the conduct of international trade; and
       (iv) providing for strong enforcement of international and 
     national laws that obligate all trading nations to prevent 
     the use of the worst forms of child labor, especially in the 
     conduct of international trade, through accessible, 
     expeditious, and effective civil, administrative, and 
     criminal enforcement mechanisms.
                                  ____

  SA 3460. Mrs. MURRAY 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 appropriate place, insert the following:

     SEC. __. EXEMPTION OF CERTAIN UNITED STATES INTERNATIONAL 
                   PORTS FROM HARBOR MAINTENANCE TAX.

       (a) In General.--Paragraph (2) of section 4462(a) of the 
     Internal Revenue Code of 1986 (defining port) is amended by 
     adding at the end the following new subparagraph:
       ``(D) Special rule for certain ports located near foreign 
     international container ports.--
       ``(i) In general.--The term `port' does not include any 
     port--

       ``(I) which is located within 200 miles of a container port 
     of a country contiguous to the United States, and
       ``(II) at which no Federal funds received in the Treasury 
     under section 4461 (relating to the harbor maintenance tax) 
     are used for construction, maintenance, or operation in the 
     port authority area after the date of the enactment of this 
     subparagraph.

       ``(ii) Container port.--For purposes of clause (i)(I), the 
     term `container port' means a port at which during the period 
     January 1, 2001, through December 31, 2001, not less than 
     400,000 cargo containers were loaded or unloaded on or from 
     vessels.
       ``(iii) Cargo container.--For purposes of clause (ii), no 
     container shall be treated as a cargo container unless the 
     inside volume of such container is not less than a 20-foot 
     equivalent measure.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to the loading or unloading of cargo after the 
     date of enactment of this Act.

[[Page S4574]]

     
                                  ____
  SA 3461. Mr. REID (for 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; 
as follows:

       Amend section 2102(b)(2) to read as follows:
       (2) Trade in services.--(A) The principal negotiating 
     objective of the United States regarding trade in services is 
     to reduce or eliminate barriers to international trade in 
     services, including regulatory and other barriers that deny 
     national treatment and market access or unreasonably restrict 
     the establishment or operations of service suppliers, except 
     that trade agreements should not include a commitment to 
     privatize significant public services, including services 
     related to (i) national security; (ii) social security; (iii) 
     public health and safety; and (iv) education.
       (B) Privatize.--In subparagraph (A), the term ``privatize'' 
     includes the transfer of responsibility for, or 
     administration of, a government function from a government 
     entity to a non-government entity.
                                  ____

  SA 3462. Mr. REID (for 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; 
as follows:

       Strike section 1143.
                                  ____

  SA 3463. Mr. REID (for Mr. Hollings) 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 ADJUSTMENT ASSISTANCE AND HEALTH BENEFITS FOR 
                   TEXTILE AND APPAREL WORKERS.

       (a) In General.--An individual employed in the textile or 
     apparel industry before the date of enactment of this Act 
     who, after December 31, 1998--
       (1) lost, or loses, his or her job (other than by 
     termination for cause); and
       (2) has not been re-employed in that industry, is deemed to 
     be eligible for adjustment assistance under subchapter A of 
     chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 
     2271 et seq.).
       (b) New Benefits.--If this Act, by amendment or otherwise, 
     makes additional or different trade adjustment assistance or 
     health benefits available to groups of workers with respect 
     to whom the Secretary makes a certification under section 222 
     of the Trade Act of 1974 (19 U.S.C. 2272) after the date of 
     enactment of this Act, then any individual described in 
     subsection (a) is deemed to be eligible for such additional 
     or different trade adjustment assistance or health benefits 
     without regard to any eligibility requirements that may be 
     imposed by law under this or any other Act.
       (c) Additional or Different Benefits Defined.--In this 
     section, the term ``additional or different trade adjustment 
     assistance or health benefits'' means--
       (1) adjustment assistance under subchapter A of chapter 2 
     of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) 
     that was not available under that subchapter on the day 
     before the date of enactment of this Act but that becomes 
     available under that subchapter thereafter; and
       (2) health care benefits for which groups of workers with 
     respect to whom the Secretary makes a certification under 
     section 222 of the Trade Act of 1974 (19 U.S.C. 2272) after 
     the date of enactment of this Act are eligible under this Act 
     or any amendment made by this Act.
       (d) Limitation on Duplicate Benefits.--Subsection (a) does 
     not apply to any individual who received adjustment 
     assistance under subchapter A of chapter 2 of title II of the 
     Trade Act of 1974 (19 U.S.C. 2271 et seq.) before the date of 
     enactment of this Act with respect to a loss of employment in 
     the textile or apparel industry.
       (e) Effective Date.--This section takes effect on October 
     1, 2003.

     SEC.  . PREVENTION OF CORPORATE EXPATRIATION TO AVOID UNITED 
                   STATES INCOME TAX.

       (a) In General.--Paragraph (4) of section 7701(a) of the 
     Internal Revenue Code of 1986 (defining domestic) is amended 
     to read as follows:
       ``(4) Domestic.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `domestic' when applied to a corporation or 
     partnership means created or organized in the United States 
     or under the law of the United States or of any State unless, 
     in the case of a partnership, the Secretary provides 
     otherwise by regulations.
       ``(B) Certain corporations treated as domestic.--
       ``(i) In general.--The acquiring corporation in a corporate 
     expatriation transaction shall be treated as a domestic 
     corporation.
       ``(ii) Corporate expatriation transaction.--For purposes of 
     this subparagraph, the term `corporate expatriation 
     transaction' means any transaction if--
       ``(I) a nominally foreign corporation (referred to in this 
     subparagraph as the `acquiring corporation') acquires, as a 
     result of such transaction, directly or indirectly 
     substantially all of the properties held directly or 
     indirectly by a domestic corporation, and
       ``(II) immediately after the transaction, more than 80 
     percent of the stock (by vote or value) of the acquiring 
     corporation is held by former shareholders of the domestic 
     corporation by reason of holding stock in the domestic 
     corporation.
       ``(iii) Lower stock ownership requirement in certain 
     cases.--Subclause (II) or clause (ii) shall be applied by 
     substituting `50 percent' for `80 percent' with respect to 
     any nominally foreign corporation if--
       ``(I) such corporation does not have substantial business 
     activities (when compared to the total business activities of 
     the expanded affiliated group) in the foreign country in 
     which or under the law of which the corporation is created or 
     organized, and
       ``(II) the stock of the corporation is publicly traded and 
     the principal market for the public trading of such stock is 
     in the United States.
       ``(iv) Partnership transactions.--The term `corporate 
     expatriation transaction' includes any transaction if--
       ``(I) a nominally foreign corporation (referred to in this 
     subparagraph as the `acquiring corporation') acquires, as a 
     result of such transaction, directly or indirectly properties 
     constituting a trade or business of a domestic partnership.
       ``(II) immediately after the transaction, more than 80 
     percent of the stock (by vote or value) of the acquiring 
     corporation is held by former partners of the domestic 
     partnership (determined without regard to stock of the 
     acquiring corporation which is sold in a public offering 
     related to the transaction), and
       ``(III) the acquiring corporation meets the requirements of 
     subclauses (I) and (II) of clause (iii).
       ``(v) Special rules.--For purposes of this subparagraph--
       ``(I) a series of related transportations shall be treated 
     as 1 transportation, and
       ``(II) stock held by members of the expanded affiliated 
     group which includes the acquiring corporation shall not be 
     taken into account in determining ownership.
       ``(vi) Other definitions.--For purposes of this 
     subparagraph--
       ``(I) Nominally foreign corporation.--The term `nominally 
     foreign corporation' means any corporation which would (but 
     for this subparagraph) be treated as a foreign corporation.
       ``(II) Expanded affiliated group.--The term `expanded 
     affiliated group' means an affiliated group (as defined in 
     section 1504(a) without regard to section 1504(b)).''
       (b) Effective Dates.--
       (1) In general.--The amendment made by this section shall 
     apply to corporate expatriation transactions completed after 
     September 11, 2001.
       (2) Special rule.--The amendment made by this section shall 
     also apply to corporate expatriation transactions completed 
     on or before September 11, 2001, but only with respect to 
     taxable years of the acquiring corporation beginning after 
     December 31, 2003.
                                  ____

  SA 3464.  Mr. REID (for Mr. Hollings) 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.   . TO ENSURE THAT ISAC COMMITTEES ARE REPRESENTATIVE OF 
                   THE PRODUCING SECTORS OF THE UNITED STATES 
                   ECONOMY.

       Section 135(c)(2) of the Trade Act of 1974 (19 U.S.C. 
     2155(c)(2)) is amended as follows:
       (1) by striking ``and'' in paragraph (a):
       (2) by striking ``related'' in subparagraph (B) and 
     inserting ``related; and''; and
       (3) by adding at the end the following:
       ``(C) in the case of each such sectoral committee 
     identified with a particular product sector or commodity 
     grouping (such as textiles and apparel), ensure that a 
     majority of its members consist of manufacturers, or 
     representatives of manufacturers, whose value added in the 
     United States in that industry comprises more than 50 percent 
     of the firm's sales value in that industry.''
                                  ____

  SA 3465.  Mr. REID (for Mr. Hollings) 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.   . EXTRADITION REQUIREMENT.

       (a) In General.--Notwithstanding any provision of law, the 
     benefits provided under any preferential tariff program, 
     excluding the North American Free Trade Agreement, shall not 
     apply to any product of a country that fails to comply within 
     30 days with a United States government request for the 
     extradition of an individual for trial in the

[[Page S4575]]

     United States if that individual has been indicted by a 
     Federal grand jury for a crime involving a violation of the 
     Controlled Substances Act (21 U.S.C. 101 et seq.). For 
     purposes of this subsection, the term ``preferential tariff 
     program'' means benefits received under the General System of 
     Preferences, the Caribbean Basin Initiative, the African 
     Growth and Development Act, or the Andean Trade Preference 
     Act.
       (b) Annual Certification Required.--The President shall 
     annually provide certification to the Senate and to the House 
     of Representatives that all countries receiving preferential 
     tariff access to the United States are assisting the United 
     States in the war against drugs.
                                  ____

  SA 3466.  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, to grant additional trade benefits under that Act, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title XXXI, insert the following:

     SEC. 3104. TREATMENT OF CERTAIN FOOTWEAR UNDER CARIBBEAN 
                   BASIN ECONOMIC RECOVERY ACT.

       Section 213(1)(B) of the Caribbean Basin Economic Recovery 
     Act (19 U.S.C. 2703(b)(1)(B)) is amended to read as follows:
       ``(B) Footwear provided for in any of subheadings 
     6402.91.90, 6402.99.30, 6402.99.80, 6402.99.90, 6403.91.60, 
     6403.91.90, 6403.99.60, 6403.99.90, 6404.11.50, 6404.11.60, 
     6404.11.70, 6404.11.80, 6404.11.90, 6404.19.80, and 
     6404.19.90 of the Harmonized Tariff Schedule of the United 
     States that was not designated at the time of the effective 
     date of this title as eligible articles for the purpose of 
     the generalized system of preferences under title V of the 
     Trade Act of 1974;''.

                          ____________________