[Congressional Record Volume 148, Number 66 (Tuesday, May 21, 2002)]
[Senate]
[Pages S4629-S4649]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3467. Mr. WELLSTONE 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, between lines 15 and 16, insert the following 
     new paragraph:
       (12) Human rights and democracy.--The principal negotiating 
     objective regarding human rights and democracy is to obtain 
     provisions in trade agreements that require parties to those 
     agreements to strive to protect intentionally recognized 
     civil, political, and human rights.
                                  ____

  SA 3468. Mr. WELLSTONE 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:

       Beginning on page 224, strike line 1, and all that follows 
     through page 345, line 19.
                                  ____

  SA 3469. Mr. WELLSTONE (for himself and Mr. Feingold) 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:

       Title XLII is amended by adding at the end the following 
     new section:

     SEC. 4203. PROHIBITION ON USE OF TANF FUNDS FOR CONTRACTING 
                   WITH ENTITIES THAT EMPLOY WORKERS LOCATED 
                   OUTSIDE OF THE UNITED STATES TO CARRY OUT THE 
                   CONTRACT.

       (a) In General.--Section 408(a) of the Social Security Act 
     (42 U.S.C. 608(a)) is amended by adding at the end the 
     following:
       ``(12) Contracting with entities that employ workers 
     located outside of the united states.--
       ``(A) In general.--Subject to subparagraph (B), a State to 
     which a grant is made under section 403 shall not use any 
     part of the grant to enter into a contract with an entity 
     that employs workers who are located outside of the United 
     States to carry out the activities required under the 
     contract.
       ``(B) Waiver.--The Secretary may waive the application of 
     subparagraph (A) with respect to a State upon certification 
     from the State that the State has taken good faith steps to 
     enter into a contract with an entity that employs United 
     States workers to carry out the activities required under the 
     contract.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     takes effect on the date of enactment of this Act and applies 
     to contracts entered into or renewed by a State on or after 
     that date.
                                  ____

  SA 3470. Mr. REID (for Ms. Landrieu) 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; 
which was ordered to lie on the table; as follows:

       On page 86, between lines 17 and 18, insert the following 
     new section:

     SEC. 113. TRADE ADJUSTMENT ASSISTANCE FOR MARITIME EMPLOYEES.

       Not later than 6 months after the date of enactment of the 
     Trade Adjustment Assistance Reform Act of 2002, the Secretary 
     of Labor shall establish a program to provide health care 
     coverage assistance under title VI of that Act, and program 
     benefits under chapter 2 of title II of the Trade Act of 1974 
     (19 U.S.C. 2271 et seq.) to longshoremen, harbor and port 
     pilots, port personnel, stevedores, crane operators, 
     warehouse personnel, and other harbor workers who have become 
     totally or partially separated, or are threatened to become 
     totally or partially separated, as a result of the decline in 
     the importation of steel products into the United States 
     caused by the safeguard measures taken by the United States 
     on March 5, 2002, under chapter 1 of title II of such Act (19 
     U.S.C. 2251 et seq.).
                                  ____

  SA 3471. Mr. BAYH (for himself, Mr. Durbin, Mr. Dayton, and Ms. 
Mikulski) 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 III, add the following:

     SEC. 303. COMMUNITY WORKFORCE PARTNERSHIPS.

       (a) Short Title.--This section may be cited as the 
     ``Community Workforce Development and Modernization 
     Partnership Act''.
       (b) General Authority.--Title II of the Trade Act of 1974 
     (19 U.S.C. 2251 et seq.) (as amended by sections 401 and 501) 
     is further amended by inserting after chapter 7 the 
     following:

             ``CHAPTER 8--COMMUNITY WORKFORCE PARTNERSHIPS

     ``SEC. 299K. AUTHORIZATION.

       ``(a) In General.--From amounts made available to carry out 
     this chapter, the Secretary of Labor (referred to in this 
     chapter as the `Secretary'), in consultation with the 
     Secretary of Commerce and the Secretary of Education, shall 
     award grants on a competitive basis to eligible entities 
     described in subsection (b) to assist each entity to--
       ``(1) help workers improve those job skills that are 
     necessary for employment by businesses in the industry with 
     respect to which the entity was established;
       ``(2) help dislocated workers find employment; and
       ``(3) upgrade the operating and competitive capacities of 
     businesses that are members of the entity.
       ``(b) Eligible Entities.--An eligible entity described in 
     this subsection is a consortium (either established prior to 
     the date of enactment of the Community Workforce Development 
     and Modernization Partnership Act or established specifically 
     to carry out programs under this chapter) that--
       ``(1) shall include--
       ``(A) 2 or more businesses (or nonprofit organizations 
     representing businesses) that are facing similar workforce 
     development or business modernization challenges;
       ``(B) labor organizations, if the businesses described in 
     subparagraph (A) employ workers who are covered by collective 
     bargaining agreements; and
       ``(C) 1 or more businesses (or nonprofit organizations that 
     represent businesses) with resources or expertise that can be 
     brought to bear on the workforce development and business 
     modernization challenges referred to in subparagraph (A); and
       ``(2) may include--
       ``(A) State governments and units of local government;
       ``(B) educational institutions;
       ``(C) labor organizations; or
       ``(D) nonprofit organizations.
       ``(c) Common Geographic Region.--To the maximum extent 
     practicable, the organizations that are members of an 
     eligible entity described in subsection (b) shall be located 
     within a single geographic region of the United States.
       ``(d) Priority Consideration.--In awarding grants under 
     subsection (a), the Secretary shall give priority 
     consideration to--
       ``(1) eligible entities that serve dislocated workers or 
     workers who are threatened with becoming totally or partially 
     separated from employment;
       ``(2) eligible entities that include businesses with fewer 
     than 250 employees; or
       ``(3) eligible entities from a geographic region in the 
     United States that has been adversely impacted by the 
     movement of manufacturing operations or businesses to other 
     regions or countries, due to corporate restructuring, 
     technological advances, Federal law, international trade, or 
     another factor, as determined by the Secretary.
       ``(e) Application.--To be eligible to receive a grant under 
     this section, an entity shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may reasonably require.

     ``SEC. 299L. PARTNERSHIP ACTIVITIES.

       ``(a) Use of Grant Amounts.--Each eligible entity that 
     receives a grant under section 299K shall use the amount made 
     available through the grant to carry out a program that 
     provides--
       ``(1) workforce development activities to improve the job 
     skills of individuals who have, are seeking, or have been 
     dislocated from, employment with a business that is a member 
     of that eligible entity, or with a business that is in the 
     industry of a business that is a member of that eligible 
     entity;
       ``(2) business modernization activities; or
       ``(3) activities that are--
       ``(A) workforce investment activities (including such 
     activities carried out through one-stop delivery systems) 
     carried out under subtitle B of title I of the Workforce 
     Investment Act of 1998 (42 U.S.C. 2811 et seq.); or
       ``(B) activities described in section 25 of the National 
     Institute of Standards and Technology Act (15 U.S.C. 278k).
       ``(b) Activities Included.--
       ``(1) Workforce development activities.--The workforce 
     development activities referred to in subsection (a)(1) may 
     include activities that--
       ``(A) develop skill standards and provide training, 
     including--
       ``(i) assessing the training and job skill needs of the 
     industry involved;
       ``(ii) developing a sequence of skill standards that are 
     benchmarked to advanced industry practices;
       ``(iii) developing curricula and training methods;
       ``(iv) purchasing, leasing, or receiving donations of 
     training equipment;

[[Page S4630]]

       ``(v) identifying and developing the skills of training 
     providers;
       ``(vi) developing apprenticeship programs; and
       ``(vii) developing training programs for dislocated 
     workers;
       ``(B) assist workers in finding new employment; or
       ``(C) provide supportive services to workers who--
       ``(i) are participating in a program carried out by the 
     entity under this chapter; and
       ``(ii) are unable to obtain the supportive services through 
     another program providing the services.
       ``(2) Business modernization activities.--The business 
     modernization activities referred to in subsection (a)(2) may 
     include activities that upgrade technical or organizational 
     capabilities in conjunction with improving the job skills of 
     workers in a business that is a member of that entity.

     ``SEC. 299M. SEED GRANTS AND OUTREACH ACTIVITIES.

       ``(a) Seed Grants.--The Secretary may provide technical 
     assistance and award financial assistance (not to exceed 
     $150,000 per award) on such terms and conditions as the 
     Secretary determines to be appropriate--
       ``(1) to businesses, nonprofit organizations representing 
     businesses, and labor organizations, for the purpose of 
     establishing an eligible entity; and
       ``(2) to entities described in paragraph (1) and 
     established eligible entities, for the purpose of preparing 
     such application materials as may be required under section 
     299K(e).
       ``(b) Outreach and Promotional Activities.--The Secretary 
     may undertake such outreach and promotional activities as the 
     Secretary determines will best carry out the objectives of 
     this chapter.
       ``(c) Limitations on Expenditures.--The Secretary may not 
     use more than 10 percent of the amount authorized to be 
     appropriated under section 299P to carry out this section.

     ``SEC. 299N. LIMITATIONS ON FUNDING.

       ``(a) Requirement of Matching Funds.--The Secretary may not 
     award a grant under this chapter to an eligible entity unless 
     such entity agrees that the entity will make available non-
     Federal contributions toward the costs of carrying out 
     activities funded by that grant in an amount that is not less 
     than $2 for each $1 of Federal funds made available through 
     the grant.
       ``(b) In-Kind Contributions.--The Secretary--
       ``(1) shall, in awarding grants under this chapter, give 
     priority consideration to those entities whose members offer 
     in-kind contributions; and
       ``(2) may not consider any in-kind contribution in lieu of 
     or as any part of the contributions required under subsection 
     (a).
       ``(c) Senior Management Training and Development.--An 
     eligible entity may not use any amount made available through 
     a grant awarded under this chapter for training and 
     development activities for senior management, unless that 
     entity certifies to the Secretary that expenditures for the 
     activities are--
       ``(1) an integral part of a comprehensive modernization 
     plan; or
       ``(2) dedicated to team building or employee involvement 
     programs.
       ``(d) Performance Measures.--Each eligible entity shall, in 
     carrying out the activities referred to in section 299L, 
     provide for development of, and tracking of performance 
     according to, performance outcome measures.
       ``(e) Administrative Costs.--Each eligible entity may use 
     not more than 20 percent of the amount made available to that 
     entity through a grant awarded under this chapter to pay for 
     administrative costs.
       ``(f) Maximum Amount of Grant.--No eligible entity may 
     receive--
       ``(1) a grant under this chapter in an amount of more than 
     $1,000,000 for any fiscal year; or
       ``(2) grants under this chapter in any amount for more than 
     3 fiscal years.
       ``(g) Support for Existing Operations.--
       ``(1) In general.--In making grants under this chapter, the 
     Secretary may use a portion equal to not more than 50 percent 
     of the funds appropriated to carry out this chapter for a 
     fiscal year, to support the existing training and 
     modernization operations of existing eligible entities.
       ``(2) Entities.--The Secretary may award a grant to an 
     existing eligible entity for existing training and 
     modernization operations only if the entity--
       ``(A) currently offers (as of the date of the award of the 
     grant) a combination of training, modernization, and business 
     assistance services;
       ``(B) targets industries with jobs that traditionally have 
     low wages;
       ``(C) targets industries that are faced with chronic job 
     loss; and
       ``(D) has demonstrated success in accomplishing the 
     objectives of activities described in section 299L.
       ``(3) Application.--Paragraph (1) shall not apply to 
     support for the expansion of training and modernization 
     operations of existing eligible entities.
       ``(4) Definitions.--In this subsection:
       ``(A) Existing training and modernization activity.--The 
     term `existing training and modernization activity' means a 
     training and modernization activity carried out prior to the 
     date of enactment of the Community Workforce Development and 
     Modernization Partnership Act.
       ``(B) Existing eligible entity.--The term `existing 
     eligible entity' means an eligible entity that was 
     established prior to the date of enactment of the Community 
     Workforce Development and Modernization Partnership Act.

     ``SEC. 299O. EVALUATION.

       ``Not later than 3 years after the date of enactment of the 
     Community Workforce Development and Modernization Partnership 
     Act, the Secretary shall prepare and submit to Congress a 
     report on the effectiveness of the activities carried out 
     under this chapter.

     ``SEC. 299P. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     chapter--
       ``(1) $10,000,000 for fiscal year 2003;
       ``(2) $15,000,000 for fiscal year 2004;
       ``(3) $20,000,000 for fiscal year 2005;
       ``(4) $25,000,000 for fiscal year 2006; and
       ``(5) $30,000,000 for fiscal year 2007.''.
       (c) Table of Contents.--The table of contents for the Trade 
     Act of 1974 (19 U.S.C. 2101 et seq.) (as amended in section 
     701(a)) is further amended by inserting after the items 
     relating to chapter 7 of title II the following:

             ``Chapter 8--Community Workforce Partnerships

``Sec. 299K. Authorization.
``Sec. 299L. Partnership activities.
``Sec. 299M. Seed grants and outreach activities.
``Sec. 299N. Limitations on funding.
``Sec. 299O. Evaluation.
``Sec. 299P. Authorization of appropriations.''.
                                  ____

  SA 3472. Mrs. HUTCHISON submitted an amendment intended to be 
proposed to amendment SA 3401 proposed by Mr. Baucus (for himself and 
Mr. Grassley) to the bill (H.R. 3009) to extend the Andean Trade 
Preference Act, to grant additional trade benefits under that Act, and 
for other purposes; which was ordered to lie on the table; as follows:

       Section 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)92)(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) Definitioin of Internationally Recognized Worker 
     Rights.--Section 507(4) of the Trade Act of 1974 (19 U.S.C. 
     2467(4)) is amended--
                                  ____

  SA 3473. Mrs. LINCOLN (for herself and Mr. Bunning) 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. ____. EXCLUSION OF INCOME DERIVED FROM CERTAIN WAGERS ON 
                   HORSE RACES FROM GROSS INCOME OF NONRESIDENT 
                   ALIEN INDIVIDUALS.

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

  SA 3474. Mr. CRASSLEY submitted an amendment intended to be proposed 
to amendment SA 3446 proposed by Mr. Brownback to the amendment SA 3401 
proposed by Mr. Baucus (for himself and Mr. Grassley) to the bill (H.R. 
3009) to extend the Andean Trade Preference Act, to grant additional 
trade benefits under that Act, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. SENSE OF THE SENATE REGARDING THE UNITED STATES-
                   RUSSIAN FEDERATION SUMMIT MEETING, MAY 
                   2002.

       (a) Findings.--The Senate finds that--
       (1) President George W. Bush will visit the Russian 
     Federation May 23-25, 2002, to meet with his Russian 
     counterpart, President Vladimir V. Putin;
       (2) the President and President Putin, and the United 
     States and Russian governments, continue to cooperate closely 
     in the fight against international terrorism;
       (3) the President seeks Russian cooperation in containing 
     the war-making capabilities of Iraq, including that country's 
     ongoing program to develop and deploy weapons of mass 
     destruction;

[[Page S4631]]

       (4) during his visit, the President expects to sign a 
     treaty to significantly reduce American and Russian 
     stockpiles of nuclear weapons by 2012;
       (5) the President and his NATO partners have further 
     institutionalized United States-Russian security cooperation 
     through establishment of the NATO-Russia Permanent Joint 
     Council, which meets for the first time on May 28, 2002, in 
     Rome, Italy;
       (6) during his visit, the President will continue to 
     address religious freedom and human rights concerns through 
     open and candid discussions with President Putin, with 
     leading Russian activists, and with representatives of 
     Russia's revitalized and diverse Jewish community; and
       (7) recognizing Russia's progress on religious freedom and 
     a broad range of other mechanisms to address remaining 
     concerns, the President has asked the Congress to terminate 
     application to Russian of title IV of the Trade Act of 1974 
     (commonly known as the ``Jackson-Vanik Amendment'') and 
     authorize the extension of normal trade relations to the 
     products of Russia.
       (b) Sense of the Senate.--The Senate--
       (1) supports the President's efforts to deepen the 
     friendship between the American and Russian peoples;
       (2) further supports the policy objectives of the President 
     mentioned in this section with respect to the Russian 
     Federation;
       (3) supports terminating the application of title IV of the 
     Trade Act of 1974 to Russia in an appropriate and timely 
     manner; and
       (4) looks forward to learning the results of the 
     President's discussions with President Putin and other 
     representatives of the Russian government and Russian 
     society.
                                  ____

  SA 3475. Mrs. FEINSTEIN 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 Division B, add the following:

     SEC. ____. MODIFICATION TO CELLAR TREATMENT OF NATURAL WINE.

       (a) In General.--Subsection (a) of section 5382 of the 
     Internal Revenue Code of 1986 (relating to cellar treatment 
     of natural wine) is amended to read as follows:
       ``(a) Proper Cellar Treatment.--
       ``(1) In general.--Proper cellar treatment of natural wine 
     constitutes--
       ``(A) subject to paragraph (2), those practices and 
     procedures in the United States, whether historical or newly 
     developed, of using various methods and materials to 
     stabilize the wine, or the fruit juice from which it is made, 
     so as to produce a finished product acceptable in good 
     commercial practice, and
       ``(B) subject to paragraph (3), in the case of imported 
     wine, those practices and procedures acceptable to the United 
     States under an international agreement or treaty with 
     respect to wines produced subject to that international 
     agreement or treaty.
       ``(2) Recognition of continuing treatment.--For purposes of 
     paragraph (1)(A), where a particular treatment has been used 
     in customary commercial practice in the United States, it 
     shall continue to be recognized as a proper cellar treatment 
     in the absence of regulations prescribed by the Secretary 
     finding such treatment not to be proper cellar treatment 
     within the meaning of this subsection.
       ``(3) Certification of practices and procedures for 
     imported wine.--
       ``(A) In general.--In the case of imported wine which is 
     not subject to an international agreement or treaty under 
     paragraph (1)(B), the Secretary shall accept the practices 
     and procedures used to produce such wine, if, at the time of 
     importation--
       ``(i) the importer provides the Secretary with a 
     certification from the government of the producing country, 
     accompanied by an affirmed laboratory analysis, that the 
     practices and procedures used to produce the wine constitute 
     proper cellar treatment under paragraph (1), or
       ``(ii) in the case of an importer that owns or controls or 
     that has an affiliate that owns or controls a winery 
     operating under a basic permit issued by the Secretary, the 
     importer certifies that the practices and procedures used to 
     produce the wine constitute proper cellar treatment under 
     paragraph (1).
       ``(B) Affiliate defined.--For purposes of this paragraph, 
     the term `affiliate' has the meaning given such term by 
     section 117(a)(4) of the Federal Alcohol Administration Act 
     (27 U.S.C. 211(a)(4)) and includes a winery's parent or 
     subsidiary or any other entity in which the winery's parent 
     or subsidiary has an ownership interest.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on January 1, 2004.
                                  ____

  SA 3476. Mr. KYL (for himself and Mr. Bingaman) 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. ____. CERTAIN STEAM OR OTHER VAPOR GENERATING BOILERS 
                   USED IN NUCLEAR FACILITIES.

       (a) In General.--Subheading 9902.84.02 of the Harmonized 
     Tariff Schedule of the United States is amended--
       (1) by striking ``4.9%'' and inserting ``Free''; and
       (2) by striking ``12/31/2003'' and inserting ``12/31/
     2006''.
       (b) Effective Date.--
       (1) In general.--The amendments made by subsection (a) 
     shall apply to goods entered, or withdrawn from warehouse for 
     consumption, on or after January 2, 2002.
       (2) Retroactive application.--Notwithstanding section 514 
     of the Tariff Act of 1930 or any other provision of law, and 
     subject to paragraph (4), the entry of any article--
       (A) that was made on or after January 1, 2002, and
       (B) to which duty-free treatment would have applied if the 
     amendment made by this section had been in effect on the date 
     of such entry,

     shall be liquidated or reliquidated as if such duty-free 
     treatment applied, and the Secretary of the Treasury shall 
     refund any duty paid with respect to such entry.
       (3) Entry.--As used in this subsection, the term ``entry'' 
     includes a withdrawal from warehouse for consumption.
       (4) Requests.--Liquidation or reliquidation may be made 
     under paragraph (2) with respect to an entry only if a 
     request therefor is filed with the Customs Service, within 
     180 days after the date of the enactment of this Act, that 
     contains sufficient information to enable the Customs 
     Service--
       (A) to locate the entry; or
       (B) to reconstruct the entry if it cannot be located.
                                  ____

  SA 3477. Mr. CONRAD 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 305, strike lines 1-13 and insert the following:
       (5) Import sensitive agricultural product.--The term 
     ``import sensitive agricultural product'' means an 
     agricultural product--
       (A) with respect to which, as a result of the Uruguay Round 
     Agreements the rate of duty was the subject of tariff 
     reductions by the United States and, pursuant to such 
     Agreements, was reduced on January 1, 1995, to a rate that 
     was not less than 97.5 percent of the rate of duty that 
     applied to such article on December 31, 1994; or
       (B) which was subject to a tariff-rate quota on the date of 
     enactment of this Act.
                                  ____

  SA 3478. Mr. CONRAD 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 278, between lines 6 and 7, insert the following:
       (4) Currency stability.--Not later than 60 calendar days 
     after the date on which the President transmits the 
     notification described in paragraph (3)(A), if the President 
     intends to enter into an agreement or change an existing 
     agreement, the President shall provide written assurance to 
     Congress that the President has sufficient information 
     regarding the macro-economic position of the other party to 
     the agreement to determine that the currency of the other 
     party is stable and that the President does not expect a 
     significant reduction in the value of the currency of the 
     other party that could significantly offset the value of any 
     tariff or nontariff concessions achieved by the United States 
     in the proposed agreement.
                                  ____

  SA 3479. Mr. CONRAD 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:
       (4) Disapproval of negotiations.--Except with respect to 
     the agreements set forth in section 2106(a), the trade 
     authorities procedures shall not apply to any implementing 
     bill that contains a provision approving of any trade 
     agreement which is entered into under this subsection if the 
     Committee on Finance of the Senate or the Committee on Ways 
     and Means of the House of Representatives disapproves of the 
     negotiation of such agreement before the close of the 60-day 
     period which begins on the date notice is provided under 
     section 2104(a)(1) with respect to the negotiation of such 
     agreement.
                                  ____

  SA 3480. Mr. INOUYE submitted an amendment intended to be proposed to 
amendment SA 3401 proposed by Mr.

[[Page S4632]]

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 XXXII, insert the following new 
     section:

     SEC. 3204. TUNA PRODUCTS.

       (a) Study and Report.--
       (1) Requirement.--Within 90 days of the date of enactment 
     of this Act, the ITC shall study the issues set forth in 
     paragraph (2), and submit a report to the President setting 
     forth the results of the study.
       (2) Issue to be studied.--The issues to be studied pursuant 
     to paragraph (1) are--
       (A) the probable economic effect of providing preferential 
     trade treatment for Philippine tuna on the United States tuna 
     industry; and
       (B) the probable impact of providing preferential trade 
     treatment for Philippine tuna on the success of achieving the 
     objectives of the Andean Trade Preference Act.
       (b) Preferential Trade Treatment for Philippine Tuna.--
     After receiving the report described in subsection (a), the 
     President is authorized to proclaim preferential trade 
     treatment for Philippine tuna, if the President determines 
     that providing such treatment--
       (1) will not cause serious injury to the United States tuna 
     industry;
       (2) will not significantly impair the ability of the United 
     States to achieve the objectives of the Andean Trade 
     Preference Act; and
       (3) is in the national interest.
       (c) Modified Trade Benefit.--If the President does not 
     proclaim preferential trade treatment for Philippine tuna as 
     described in subsection (b), the President shall seek further 
     advice from the ITC to determine if a modified trade benefit 
     for tuna products may be extended to the Philippines. The 
     President is authorized to proclaim such a modified trade 
     benefit if the President determines that providing such a 
     modified trade benefit would satisfy the criteria described 
     in paragraphs (1), (2), and (3) of subsection (b).
       (d) Expiration.--Preferential trade treatment proclaimed 
     under subsection (b) or a modified trade benefit proclaimed 
     under subsection (c) shall expire at the end of the 
     transition period.
       (e) GATT Waiver.--If the President proclaims preferential 
     trade treatment under subsection (b) or a modified trade 
     benefit under subsection (c), the President shall request, at 
     the earliest possible opportunity, a waiver from the World 
     Trade Organization of the United States obligations under 
     paragraph 1 of Article I of the GATT 1994 with respect to 
     such preferential trade treatment or modified trade benefit.
       (f) Definitions.--In this section:
       (1) GATT 1994.--The term ``GATT 1994'' has the meaning 
     given that term in section 2 of the Uruguay Round Agreements 
     Act (19 U.S.C. 3501).
       (2) HTS.--The term ``HTS'' means the Harmonized Tariff 
     Schedule of the United States.
       (3) ITC.--The term ``ITC'' means the International Trade 
     Commission.
       (4) Modified trade benefit for tuna products.--The term 
     ``modified trade benefit for tuna products'' means any trade 
     preference provided to tuna that is harvested by a Philippine 
     vessel, and prepared or preserved in any manner, in airtight 
     containers in the Philippines, other than the preferential 
     trade treatment for Philippine tuna described in paragraph 
     (6).
       (5) Philippine vessel.--The term ``Philippine vessel'' 
     means a vessel--
       (A) which is registered or recorded in the Philippines;
       (B) which sails under the flag of the Philippines;
       (C) which is at least 75 percent owned by nationals of the 
     Philippines or by a company having its principal place of 
     business in the Philippines, of which the manager or 
     managers, chairman of the board of directors or of the 
     supervisory board, and the majority of the members of such 
     boards are nationals of the Philippines and of which, in the 
     case of a company, at least 50 percent of the capital is 
     owned by the Philippines or by public bodies or nationals of 
     the Philippines;
       (D) of which the master and officers are nationals of the 
     Philippines; and
       (E) of which at least 75 percent of the crew are nationals 
     of the Philippines.
       (6) Preferential trade treatment for philippine tuna.--The 
     term ``preferential trade treatment for Philippine tuna'' 
     means duty-free treatment for tuna that is harvested by 
     Philippine vessels, and is prepared or preserved in any 
     manner, in airtight containers in the Philippines for a 
     quantity of such tuna in any calendar year that does not 
     exceed 20 percent of the domestic United States tuna pack in 
     the preceding calendar year.
       (7) Transition period.--The term ``transition period'' has 
     the meaning given that term in section 204(b)(5)(D) of the 
     Andean Trade Preference Act, as amended by section 3102.
       (8) Tuna pack.--The term ``tuna pack'' means tuna pack as 
     defined by the National Marine Fisheries Service of the 
     United States Department of Commerce for purposes of 
     subheading 1604.14.20 of the HTS as in effect on the date of 
     enactment of the Andean Trade Preference Expansion Act.
       (9) United states tuna industry.--The term ``United States 
     tuna industry'' means the industry in the United States, 
     including American Samoa, that prepares or preserves tuna, in 
     any manner, in airtight containers.
                                  ____

  SA 3481. Mr. HOLLINGS submitted an amendment intended to be proposed 
by him to the bill H.R. 3009, to extend the Andean Trade Preference 
Act, to grant additional trade benefits under that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the 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, 1993--
       (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.
                                  ____

  SA 3482. Mr. HOLLINGS submitted an amendment intended to be proposed 
by him to the bill H.R. 3009, to extend the Andean Trade Preference 
Act, to grant additional trade benefits under that Act, and for other 
purposes; which was ordered to lie on the table, as follows:

       In lieu of the matter proposed 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, 1993--
       (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.
                                  ____

  SA 3483. Mr. HOLLINGS 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:

[[Page S4633]]

     SEC.  . EXTRADITION REQUIREMENT.

       (a) In General.--The benefits provided under any 
     preferential tariff program authorized by this Statute 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 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.).
                                  ____

  SA 3484. Mr. HOLLINGS 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:

       In lieu of the matter proposed insert the following:

     SEC.  . EXTRADITION REQUIREMENT.

       (a) In General.--The benefits provided under any 
     preferential tariff program authorized by this statute 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 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.)
                                  ____

  SA 3485. Mr. BREAUX submitted an amendment intended to be proposed by 
him to the bill H.R. 3009, to extend the Andean Trade Preference Act, 
to grant additional trade benefits under that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       Title XI is amended by adding at the end of chapter 3 of 
     subtitle A, the following new section:

     SEC. 1137. VESSEL REPAIR DUTIES.

       Section 466(h) of the Tariff Act of 1930 (19 U.S.C. 
     1466(h)) is amended--
       (1) in paragraph (1), by striking the comma at the end, and 
     inserting a semicolon;
       (2) in paragraph (2), by striking the comma at the end and 
     ``or'' and inserting a semicolon;
       (3) in paragraph (3), by striking the period at the end, 
     and inserting a semicolon and ``or''; and
       (4) by adding at the end the following new paragraph:
       (4) the cost of repairs to a vessel documented under the 
     laws of the United States and engaged in the foreign or 
     coasting trade, made by members of the regular crew of such 
     vessel while the vessel is on the high seas.
                                  ____

  SA 3486. Mr. BREAUX submitted an amendment intended to be proposed by 
him to the bill H.R. 3009, to extend the Andean Trade Preference Act, 
to grant additional trade benefits under that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 3203.
                                  ____

  SA 3487. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill H.R. 3009, to extend the Andean Trade Preference 
Act, to grant additional trade benefits under that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     ``SEC.   . EXTRANEOUS MATTER IN IMPLEMENTING BILLS.

       ``(a) In General.--Notwithstanding any other provision of 
     law, upon a point of order being made by any Senator against 
     material extraneous to trade (as defined in subsection (b)) 
     which is contained in any provision of an implementing bill, 
     and the point of order is sustained by the Presiding Officer, 
     any part of said provision that contains material extraneous 
     to trade shall be deemed stricken from the bill and may not 
     be offered as an amendment from the floor.
       ``(b) Extraneous Provisions.--A provision of an 
     implementing bill shall be considered extraneous if it--
       ``(1) is not directly related to a trade negotiating 
     objective specified in section 2102 of this Act; or
       ``(2) produces effects related to a trade negotiating 
     objective that are merely incidental to the effects of the 
     provision that are not related to a trade negotiating 
     objective.
       ``(c) Listing of Possibly Extraneous Materials.--Upon the 
     reporting or discharge of an implementing bill or upon the 
     receipt by the Senate of a message conveying an implementing 
     bill from the House of Representatives, the Committee on 
     Finance of the Senate shall submit for the record a list of 
     material considered to be extraneous under subsection (b) to 
     trade negotiating objectives. The inclusion or exclusion of a 
     provision shall not constitute a determination of 
     extraneousness by the Presiding Officer of the Senate.
       ``(d) Conference Reports and Amendments Between Houses.--
     When the Senate is considering a conference report on, or an 
     amendment between the Houses in relation to an implementing 
     bill, upon--
       ``(1) a point of order being made by any Senator against 
     extraneous material meeting the definition of subsection (b), 
     and
       ``(2) such point of order being sustained, such material 
     contained in such conference report or amendment shall be 
     deemed stricken, and the Senate shall proceed, without 
     intervening action or motion, to consider the question of 
     whether the Senate shall recede from its amendment and concur 
     with a further amendment, or concur in the House amendment 
     with a further amendment, as the case may be, which further 
     amendment shall consist of only that portion of the 
     conference report or House amendment, as the case may be, not 
     so stricken. Any such motion in the Senate shall be debatable 
     for 2 hours. In any case in which such point of order is 
     sustained against a conference report (or Senate amendment 
     derived from such conference report by operation of this 
     subsection), no further amendment shall be in order.
       ``(e) General Point of Order.--Notwitstanding any other law 
     or rule of the Senate, it shall be in order for a Senator to 
     raise a single point of order that several provisions of an 
     implementing bill or conference report violate this section. 
     The Presiding Officer may sustain the point of order as to 
     some or all of the provisions against which the Senator 
     raised the point of order. If the Presiding Officer so 
     sustains the point of order as to some of the provisions 
     against which the Senator raised the point of order, then 
     only those provisions against which the Presiding Officer 
     sustains the point of order shall be deemed stricken pursuant 
     to this section. Before the Presiding Officer rules on such a 
     point of order, any Senator may move to waive such a point of 
     order as it applies to some or all of the provisions against 
     which the point of order was raised. Such a motion to waive 
     is amendable in accordance with the rules and precedents of 
     the Senate. After the Presiding Officer rules on such point 
     of order, any Senator may appeal the ruling of the Presiding 
     Officer on such a point of order as it applies to some or all 
     of the provisions on which the Presiding Officer ruled.
       ``(f) Waiver.--Any provision of this section may be waived 
     or suspended in the Senate only by the affirmative vote of 
     three-fifths of the Members, duly chosen and sworn.
       ``(g) Appeals.--Appeals in the Senate from the decisions of 
     the Chair relating to any provision of this section shall be 
     limited to 1 hour, to be equally divided between, and 
     controlled by, the appellant and the manager of the 
     implementing bill. An affirmative vote of three-fifths of the 
     Members of the Senate, duly chosen and sworn, shall be 
     required in the Senate to sustain an appeal of the ruling of 
     the Chair on a point of order raised under this section.''
                                  ____

  SA 3488. Mr. FEINGOLD 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:

       After section 2103(b), insert the following:
       (5) Limitations on trade authorities procedures.--
       (A) In general.--Notwithstanding any other provision of 
     law, the provisions of section 151 of the Trade Act of 1974 
     shall not apply to any provision in an implementing bill that 
     increases revenue.
       (B) Point of order in senate.--
       (i) In general.--When the Senate is considering an 
     implementing bill, upon a point of order being made by any 
     Senator against any part of the implementing bill that 
     contains material in violation of subparagraph (A), and the 
     point of order is sustained by the Presiding Officer, the 
     part of the implementing bill against which the point of 
     order is sustained shall be stricken from the bill.
       (ii) Waivers and appeals.--
       (I) Waivers.--Before the Presiding Officer rules on a point 
     of order described in clause (i), any Senator may move to 
     waive the point of order and the motion to waive shall not be 
     subject to amendment. A point of order described in clause 
     (i) is waived only by the affirmative vote of three-fifths of 
     the Members, duly chosen and sworn.
       (II) Appeals.--After the Presiding Officer rules on a point 
     of order under this subparagraph, any Senator may appeal the 
     ruling of the Presiding Officer on the point of order as it 
     applies to some or all of the provisions on which the 
     Presiding Officer ruled. A ruling of the Presiding Officer on 
     a point of order described in clause (i) is sustained unless 
     three-fifths of the Members, duly chosen and sworn, vote not 
     to sustain the ruling.
       (III) Debate.--Debate on a motion to waive under subclause 
     (I) or on an appeal of the ruling of the Presiding Officer 
     under subclause (II) shall be limited to 1 hour. The time 
     shall be equally divided between, and controlled by, the 
     majority leader and the minority leader, or their designees.
                                  ____

  SA 3489. Mr. FEINGOLD 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:

[[Page S4634]]

    ``analyses of the effects of trade legislation of american jobs

       ``Section 308 of the Congressional Budget Act of 1974 (2 
     U.S.C. Sec. 639) is amended by inserting at the end thereof 
     the following new subsection:
       ``(d) Analyses of the Effects of Trade Legislation on 
     American Jobs.--
       11``(1) Whenever a committee of either House reports to its 
     House a bill or resolution, or committee amendment thereto, 
     providing for the implementation of a trade agreement, the 
     report accompanying that bill or resolution shall contain a 
     statement, or the committee shall make available such a 
     statement in the case of an approved committee amendment 
     which is not reported to its House, prepared after 
     consultation with the Director of the Congressional Budget 
     Office--
       ``(A) analyzing the effect of such agreement on employment 
     in the United States, in affected regions of the United 
     States, and in affected industries of the United States; and
       ``(B) containing a projection by the Congressional Budget 
     Office of how such measure will affect the levels of such 
     employment for such fiscal year (Or fiscal years) and each of 
     the four ensuing fiscal years, if timely submitted before 
     such report is filed.
       ``(2) Whenever a conference report is filed in either House 
     and such conference report or any amendment reported in 
     disagreement or any amendment contained in the joint 
     statement of managers to be proposed by the conferees in the 
     case of technical disagreement on such bill or resolution 
     provides for the implementation of a trade agreement, the 
     statement of managers accompanying such conference report 
     shall contain the information described in paragraph (1), if 
     available on a timely basis. If such information is not 
     available when the conference report is filed, the committee 
     shall make such information available to Members as soon as 
     practicable prior to the consideration of such conference 
     report.
       ``(3) The Director of the Congressional Budget Office shall 
     prepare estimates required under this subsection in the same 
     fashion as the Director prepares budgetary cost estimates for 
     legislation under this Act, and the Director may combine the 
     analyses under this subsection with the budgetary cost 
     estimates that the Director prepares under this Act.''
                                  ____

  SA 3490. Mr. FEINGOLD 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 that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 2103(b)(3)(A), and insert the following:
       ``(A) Application of expedited procedures.--
       ``(i) In general.--Except as provided in clause (ii), the 
     provisions of section 151 of the Trade Act of 1974 (in this 
     title referred to as `trade authorities procedures') apply to 
     a bill of either House of Congress which contains provisions 
     described in subparagraph (B) to the same extent as such 
     section 151 applies to implementing bills under that section. 
     A bill to which this paragraph applies shall hereafter in 
     this title be referred to as an `implementing bill'.
       ``(ii) Vote to invoke trade authorities procedures.--
     Notwithstanding any other provision of law, upon the adoption 
     of a motion to proceed to an implementing bill, the Senate 
     shall immediately consider the question of whether to invoke 
     trade authorities procedures. Debate in the Senate on the 
     question of whether to invoke trade authorities procedures 
     shall be limited to not more than 2 hours, which shall 
     include any debate on any debatable motion or appeal in 
     relation to the question of whether to invoke trade 
     authorities procedures. The time shall be equally divided 
     between, and controlled by, the majority leader and the 
     minority leader or their designees, except that in the event 
     that the minority leader favors invoking trade authorities 
     procedures, the time in opposition thereto shall be 
     controlled by the first Senator recognized by the Presiding 
     Officer (in accordance with rule XIX of the Standing Rules of 
     the Senate) who opposes invoking trade authorities 
     procedures. No amendment to the question of whether to invoke 
     trade authorities procedures shall be in order. Debate on any 
     debatable motion or appeal shall be limited to 30 minutes, to 
     be equally divided between, and controlled by, the mover 
     and the majority leader or the majority leader's designee. 
     The Senators who control time on the question of whether 
     to invoke trade authorities procedures may, from the time 
     under their control on the question, allot additional time 
     to any Senator during the consideration of any debatable 
     motion or appeal. A motion to further limit debate is not 
     in order. A motion to recommit (except a motion to 
     recommit with instructions to report back within a 
     specified number of days, not to exceed 3, not counting 
     any day on which the Senate is not in session) is not in 
     order. Upon the expiration or yielding back of time on the 
     question of whether to invoke trade authorities 
     procedures, the Senate shall proceed, without any 
     intervening action, to vote on the question. An 
     affirmative vote of three-fifths of the Members, duly 
     chosen and sworn, shall be required in the Senate to 
     invoke trade authorities procedures. If the Senate votes 
     to invoke trade authorities procedures, trade authorities 
     procedures shall apply to the bill as provided in clause 
     (i). If the Senate fails to invoke trade authorities 
     procedures, then the bill shall be fully debatable in 
     accordance with the Standing Rules of the Senate.
                                  ____

  SA 3491. Mr. FEINGOLD submitted an amendment intended to be proposed 
to amendment SA 3401 proposed by Mr. Baucus (for himself and Mr. 
Grassley) to the bill (H.R. 3009) to extend the Andean Trade Preference 
Act, to grant additional trade benefits under that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 2103(b)(3)(A), and insert the following:
       ``(A) Application of expedited procedures.--
       ``(i) In General.--Except as provided in clause (ii), the 
     provisions of section 151 of the Trade Act of 1974 (in this 
     title referred to as `trade authorities procedures') apply to 
     a bill of either House of Congress which contains provisions 
     described in subparagraph (B) to the same extent as such 
     actions 151 applies to implementing bills under that section. 
     A bill to which this paragraph applies shall hereafter in 
     this title be referred to as an `implementing bill'.
       ``(ii) Certification that trading partners are 
     democracies.--Notwithstanding any other provision of law, 
     before trade authorities procedures may apply to a bill under 
     clause (i), the President must certify that all parties to 
     the trade agreement that is the subject of the implementing 
     bill are democracies.
                                  ____

  SA 3492. Mr. FEINGOLD submitted an amendment intended to be proposed 
to amendment SA 3401 proposed by Mr. Baucus (for himself and Mr. 
Grassley) to the bill (H.R. 3009) to extend the Andean Trade Preference 
Act, to grant additional trade benefits under that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 1143.
                                  ____

  SA 3493. Mr. EDWARDS 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 231(a) of the Trade Act of 1974, as 
     amended by section 111, insert the following:
       ``(5) Additional rule for textile and apparel workers.--
       ``(A) Presumptive certification.--A group of workers at a 
     textile or apparel firm shall be presumptively certified by 
     the Secretary as adversely affected and eligible for trade 
     adjustment assistance benefits under this chapter and 
     benefits under title VI of the Trade Adjustment Assistance 
     Reform Act of 2002 during the period described in subsection 
     (c)(1) if--
       ``(i) a significant number or proportion of the workers in 
     the workers' firm or an appropriate subdivision of the firm 
     have become totally or partially separated, or are threatened 
     to become totally or partially separated;
       ``(ii)(I) the sales or production of the workers' firm has 
     decreased; or
       ``(II) the workers' plant or facility has closed or 
     relocated; and
       ``(iii) the occurrence described in clause (ii) contributed 
     importantly to the workers' separation or threat of 
     separation.
       ``(B) Permanent certification.--The presumptive 
     certification under subparagraph (A) shall become permanent 
     40 days after the submission of a petition under subsection 
     (b) unless the Secretary determines within such period, after 
     giving the group of workers notice and an opportunity to be 
     heard, that the workers do not satisfy the criteria for 
     certification in paragraph (1), (2), or (3) of subsection 
     (a).
                                  ____

  SA 3494. Mr. EDWARDS 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 IX of division A add the following:

     SEC. ____. DESIGNATION OF AND TAX INCENTIVES FOR ECONOMIC 
                   REVITALIZATION ZONES.

       (a) In General.--Chapter 1 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     subchapter:

             ``Subchapter Z--Economic Revitalization Zones

``Sec. 1400M. Designation of economic revitalization zones.
``Sec. 1400N. Incentives for economic revitalization zones.

     ``SEC. 1400M. DESIGNATION OF ECONOMIC REVITALIZATION ZONES.

       ``(a) Designation.--

[[Page S4635]]

       ``(1) Definitions.--For purposes of this title, the term 
     `economic revitalization zone' means any area--
       ``(A) which is nominated by 1 or more local governments and 
     the State or States in which it is located for designation as 
     an economic revitalization zone (hereafter in this section 
     referred to as a `nominated area'), and
       ``(B) which the Secretary of Labor designates as an 
     economic revitalization zone.
       ``(2) Number of designations.--Not more than 40 nominated 
     areas may be designated as economic revitalization zones.
       ``(3) Areas designated based on degree of unemployment, 
     etc.--The nominated areas designated as economic 
     revitalization zones under this subsection shall be those 
     nominated areas with the highest average ranking with respect 
     to the criteria described in subparagraphs (A) and (B) of 
     subsection (c)(3). For purposes of the preceding sentence, an 
     area shall be ranked within each such criterion on the basis 
     of the amount by which the area exceeds such criterion, with 
     the area which exceeds such criterion by the greatest amount 
     given the highest ranking.
       ``(4) Limitation on designations.--
       ``(A) Publication of regulations.--The Secretary of Labor 
     shall prescribe by regulation no later than 4 months after 
     the date of the enactment of this section--
       ``(i) the procedures for nominating an area under paragraph 
     (1)(A), and
       ``(ii) the parameters relating to the size characteristics 
     of an economic revitalization zone.
       ``(B) Time limitations.--The Secretary of Labor may 
     designate nominated areas as economic revitalization zones 
     only during the period beginning on the first day of the 
     first month following the month in which the regulations 
     described in subparagraph (A) are prescribed and ending on 
     December 31, 2002.
       ``(C) Procedural rules.--The Secretary of Labor shall not 
     make any designation of a nominated area as an economic 
     revitalization zone under paragraph (2) unless--
       ``(i) the local governments and the States in which the 
     nominated area is located have the authority to nominate such 
     area for designation as an economic revitalization zone,
       ``(ii) a nomination regarding such area is submitted in 
     such a manner and in such form, and contains such 
     information, as the Secretary of Labor shall by regulation 
     prescribe, and
       ``(iii) the Secretary of Labor determines that any 
     information furnished is reasonably accurate.
       ``(b) Period for Which Designation Is in Effect.--
       ``(1) In general.--Any designation of an area as an 
     economic revitalization zone shall remain in effect during 
     the period beginning on January 1, 2003, and ending on the 
     earliest of--
       ``(A) December 31, 2012,
       ``(B) the termination date designated by the State and 
     local governments in their nomination, or
       ``(C) the date the Secretary of Labor revokes such 
     designation.
       ``(2) Revocation of designation.--The Secretary of Labor 
     may revoke the designation under this section of an area if 
     such Secretary determines that the local government or the 
     State in which the area is located has modified the 
     boundaries of the area.
       ``(c) Area and Eligibility Requirements.--
       ``(1) In general.--The Secretary of Labor may designate a 
     nominated area as an economic revitalization zone under 
     subsection (a) only if the area meets the requirements of 
     paragraphs (2) and (3) of this subsection.
       ``(2) Area requirements.--A nominated area meets the 
     requirements of this paragraph if--
       ``(A) the area is within the jurisdiction of one or more 
     local governments in one or more trade-affected States, and
       ``(B) the boundary of the area is continuous.
       ``(3) Eligibility requirements.--A nominated area meets the 
     requirements of this paragraph if the States and the local 
     governments in which it is located certify in writing (and 
     the Secretary of Labor, after such review of supporting data 
     as the Secretary deems appropriate, accepts such 
     certification) that--
       ``(A) the unemployment rate in the area during 2001 was at 
     least 150 percent of the national unemployment rate during 
     2001,
       ``(B) of the total employment in the area during 1993--
       ``(i) more than 10 percent consisted of employment in a 
     trade-affected industry located in such area, or
       ``(ii) more than 15 percent consisted of employment in all 
     of the trade-affected industries located in such area, and
       ``(C) employment in a trade-affected industry located in 
     such area decreased by more than 20 percent during the period 
     from 1993 through 2001.
       ``(d) Definitions and Special Rules.--For purposes of this 
     subchapter--
       ``(1) Trade-affected state.--The term `trade-affected 
     State' means any State in which the total number of workers 
     located in such State who were certified through the trade 
     adjustment assistance and the NAFTA transitional adjustment 
     assistance programs under chapter 2 of title II of the Trade 
     Act of 1974 during the period from 1994 through 2001 was not 
     less than an amount equal to 2.5 percent of the State's total 
     labor force in 1994.
       ``(2) Trade-affected industry.--The term `trade-affected 
     industry' means any 2-digit Standard Industrial Code 
     industry--
       ``(A) which had a total labor force of at least 500,000 
     during 1994, as determined by the Bureau of Labor Statistics, 
     and
       ``(B) in which the total number of workers who were 
     certified through the trade adjustment assistance and the 
     NAFTA transitional adjustment assistance programs under 
     chapter 2 of title II of the Trade Act of 1974 during the 
     period from 1994 through 2001 was not less than an amount 
     equal to 10 percent of such industry's total labor force in 
     1994.
       ``(3) Local government.--The term `local government' 
     means--
       ``(A) any county, city, town, township, parish, village, or 
     other general purpose political subdivision of a State, and
       ``(B) any combination of political subdivisions described 
     in subparagraph (A) recognized by the Secretary of Labor.
       ``(4) Governments.--If more than one government seeks to 
     nominate an area as an economic revitalization zone, any 
     reference to, or requirement of, this section shall apply to 
     all such governments.

     ``SEC. 1400N. INCENTIVES FOR ECONOMIC REVITALIZATION ZONES.

       ``(a) In General.--An economic revitalization zone shall be 
     treated for the period of its designation as an empowerment 
     zone for purposes of applying--
       ``(1) section 1394 (relating to tax-exempt enterprise zone 
     facility bonds),
       ``(2) section 1396 (relating to empowerment zone employment 
     credit),
       ``(3) section 1397A (relating to increase in expensing 
     under section 179), and
       ``(4) section 1397B (relating to nonrecognition of gain on 
     rollover of empowerment zone investments).
       ``(b) New Markets Tax credit.--An economic revitalization 
     zone shall be treated for the period of its designation as a 
     low-income community for purposes of applying section 45D 
     (relating to new markets tax credit).''.
       (b) Clerical Amendment.--The table of subchapters for 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new item:

``Subchapter Z. Economic Revitalization Zones.''.

     SEC. ____. ENHANCED DEDUCTION FOR CORPORATE DONATIONS OF 
                   COMPUTER TECHNOLOGY TO COMMUNITY TECHNOLOGY 
                   CENTERS.

       (a) Expansion of Computer Technology Donations to Community 
     Technology Centers.--Section 170(e)(6)(B)(i)(II) of the 
     Internal Revenue Code of 1986 (relating to qualified computer 
     contribution) is amended by striking ``or'' at the end of 
     subclause (II), by adding ``or'' at the end of subclause 
     (III), and by inserting after subclause (III) the following:

       ``(IV) a nonprofit or governmental community technology 
     center located in an economic revitalization zone (as defined 
     in section 1400M(a)(1)), including any center within which an 
     after-school or employment training program is operated,''.

       (b) Effective Date.--The amendments made by this section 
     shall apply to contributions made after December 31, 2002.
                                  ____

  SA 3495. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill H.R. 3009, to extend the Andean Trade Preference Act, 
to grant additional trade benefits under that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.   . DEBT LIMIT INCREASE.

       Subsection (b) of Section 3101 of title 31, United States 
     Code, is amended by striking ``$5,950,000,000,000'' and 
     inserting ``$6,128,000,000,000''.
                                  ____

  SA 3496. Mr. EDWARDS (for Mr. Helms) 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 203, after line 25, insert the following new 
     section:

     SEC. 1137. TRANSSHIPMENTS.

       (a) In General.--The Commissioner of Customs shall report 
     on a quarterly basis to the Committee on Ways and Means of 
     the House of Representatives and the Committee on Finance of 
     the Senate regarding all instances of transshipments of 
     textiles and apparel articles occurring in the 3-month period 
     preceding the report. The report shall detail with respect to 
     each instance of transshipment--
       (1) the amount of textiles and apparel articles involved;
       (2) the names of the exporter and importer of the articles;
       (3) each country through whose territory the transshipment 
     has occurred; and
       (4) any action taken with respect to the transshipment.
       (b) Penalties.--
       (1) In general.--In addition to any other penalty, if the 
     President determines, based on sufficient evidence, that an 
     exporter has engaged in transshipment as defined in paragraph 
     (3), the President shall permanently suspend export 
     privileges for such exporter,

[[Page S4636]]

     any successor of such exporter, any other entity owned or 
     operated by the principal of the exporter, and any entity 
     employing a factory manager who was a manager of a production 
     facility or exporter found to have engaged in the 
     transshipment.
       (2) Quota Charge-Backs.--To the extent consistent with 
     United States international obligations, in addition to any 
     other penalty, the country of origin of the transshipment 
     pursuant to paragraph (1) shall have its quota for the 
     category of the transshipment textiles or apparel charged in 
     an amount equal to three times the amount of the goods 
     involved in the transshipment.
       (3) Transshipment described.--Transshipment has occurred 
     when preferential treatment for a textile or apparel article 
     under any provision of law has been claimed on the basis of 
     material false information concerning the country of origin, 
     manufacture, processing, or assembly of the article or any of 
     its components. For purposes of this paragraph, false 
     information is material if disclosure of the true information 
     would mean or would have meant that the article is or was 
     ineligible for such preferential treatment.
                                  ____

  SA 3497. Mr. EDWARDS (for Mr. Helms) 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, insert the following new section:

     SEC. 4203. MARKING OF IMPORTED FURNITURE PRODUCTS.

       Notwithstanding any other provision of law, not later than 
     180 days after the date of enactment of this Act, the 
     Secretary of the Treasury shall require all furniture 
     products imported into the United States to be clearly marked 
     with respect to the country of origin consistent with the 
     provisions of section 304(a) of the Tariff Act of 1930 (19 
     U.S.C. 1304(a)).
                                  ____

  SA 3498. Mr. HOLLINGS 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 31 after line 12 add the following:
       (vi) The extent to which the country reaches an agreement 
     with the United States to require the extradition of an 
     individual for trial in the 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.).
                                  ____

  SA 3499. Mr. HATCH (for himself and Mr. Leahy) 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 the matter proposed, insert the following:

          TITLE XLIII--INTELLECTUAL PROPERTY RIGHTS PROTECTION

     SEC. 4301. USTR DETERMINATIONS IN TRIPS AGREEMENT 
                   INVESTIGATIONS.

       (a) In General.--Section 304(a)(2)(A) of the Trade Act of 
     1974 (19 U.S.C. 2414(a)(2)(A)) is amended by inserting after 
     ``agreement,'' the following: ``except an investigation 
     initiated pursuant to section 302(b)(2)(A) involving rights 
     under the Agreement on Trade-Related Aspects of Intellectual 
     Property Rights (defined in section 101(d)(15) of the Uruguay 
     Round Agreements Act) or the GATT 1994 (referred to in 
     section 101(d)(1) of such Act) relating to products subject 
     to intellectual property protection,''.
       (b) Timeframe for TRIPS Agreement Determinations.--Section 
     304(a)(3)(A) of the Trade Act of 1974 is amended to read as 
     follows:
       ``(A) If an investigation is initiated under this chapter 
     by reason of section 302(b)(2) and--
       ``(i) the Trade Representative considers that rights under 
     the Agreement on Trade-Related Aspects of Intellectual 
     Property Rights or the GATT 1994 relating to products subject 
     to intellectual property protection are involved, the Trade 
     Representative shall make the determination required under 
     paragraph (1) not later than 30 days after the date on which 
     the dispute settlement procedure is concluded; or
       ``(ii) the Trade Representative does not consider that a 
     trade agreement, including the Agreement on Trade-Related 
     Aspects of Intellectual Property Rights), is involved or does 
     not make a determination described in subparagraph (B) with 
     respect to such investigation, the Trade Representative shall 
     make the determinations required under paragraph (1) with 
     respect to such investigation by no later than the date that 
     is 6 months after the date on which such investigation is 
     initiated.''.
       (c) Conforming Amendment.--Section 305(a)(2)(B) of the 
     Trade Act of 1974 is amended by striking ``section 
     304(a)(3)(A)'' and inserting ``section 304(a)(3)(A)(ii)''.

     SEC. 4302. PETITIONS FOR REVIEW UNDER ATPA AND CBERA.

       (a) ATPA.--Section 203 of the Andean Trade Preference Act 
     (19 U.S.C. 3202) is amended by adding at the end the 
     following new subsection:
       ``(g) Petitions for Review.--The President shall promulgate 
     regulations regarding the filing, review, and timely 
     disposition of petitions from any interested party requesting 
     that action be taken with regard to the status of a country 
     as a beneficiary country under this Act.''.
       (b) CBI.--Section 212 of the Caribbean Basin Economic 
     Recovery Act (19 U.S.C. 2702) is amended by adding at the end 
     the following new subsection:
       ``(g) Petitions for Review.--The President shall promulgate 
     regulations regarding the filing, review, and timely 
     disposition of petitions from any interested party requesting 
     that action be taken with regard to the status of a country 
     as a beneficiary country under this Act.''.

     SEC. 4303. WITHDRAWAL AND SUSPENSION OF TREATMENT UNDER ATPA.

       Section 203(e)(1) of the Andean Trade Preference Act (19 
     U.S.C. 3202(e)(1)) is amended by striking ``should be 
     barred'' and all that follows through the end period and 
     inserting: ``no longer satisfies one or more of the 
     conditions for designation as a beneficiary country under 
     subsection (c) or such country insufficiently fulfills one or 
     more of the factors set forth in subsection (d).''.

     SEC. 4304. WITHDRAWAL AND SUSPENSION OF TREATMENT UNDER 
                   CBERA.

       Section 212(e)(1) of the Caribbean Basin Economic Recovery 
     Act (19 U.S.C. 2702(e)(1)) is amended by striking ``would be 
     barred'' and all that follows through the end period and 
     inserting: ``no longer satisfies one or more of the 
     conditions for designation as a beneficiary country under 
     subsection (b) or such country insufficiently fulfills one or 
     more of the factors set forth in subsection (c).''.

     SEC. 4305. COUNTRIES ELIGIBLE UNDER ATPA AND CBERA.

       (a) ATPA.--Section 203(c) of the Andean Trade Preference 
     Act (19 U.S.C. 3202(c)) is amended--
       (1) by striking ``and'' at the end of paragraph (6);
       (2) by striking the period at the end of paragraph (7) and 
     inserting ``; and'';
       (3) by inserting after paragraph (7), the following new 
     paragraph:
       ``(8) if any act, policy, or practice of such country 
     violates, or is inconsistent with, the provisions of, or 
     otherwise denies benefits to the United States under, any 
     bilateral trade agreement.''; and
       (4) in the flush paragraph at the end, by striking ``and 
     (7)'' and inserting ``(7), and (8)''.
       (b) CBERA.--Section 212(b) of the Caribbean Basin Economic 
     Recovery Act (19 U.S.C. 2702(b)) is amended--
       (1) by striking ``and'' at the end of paragraph (6);
       (2) by striking the period at the end of paragraph (7) and 
     inserting ``; and'';
       (3) by inserting after paragraph (7), the following new 
     paragraph:
       ``(8) if any act, policy, or practice of such country 
     violates, or is inconsistent with, the provisions of, or 
     otherwise denies benefits to the United States under, any 
     bilateral trade agreement.''; and
       (4) in the flush paragraph at the end, by striking ``and 
     (7)'' and inserting ``(7), and (8)''.

     SEC. 4306. ADEQUATE AND EFFECTIVE PROTECTION OF INTELLECTUAL 
                   PROPERTY RIGHTS UNDER GSP.

       Section 502(c) of the Trade Act of 1974 (19 U.S.C. 2462(c)) 
     is amended by striking the semicolon at the end of paragraph 
     (5) and adding the following: ``notwithstanding the fact that 
     the foreign country may be in compliance with the specific 
     obligations of the Agreement on Trade-Related Aspects of 
     Intellectual Property Rights referred to in section 
     101(d)(15) of the Uruguay Round Agreements Act;''.

     SEC. 4307. ADEQUATE AND EFFECTIVE PROTECTION OF INTELLECTUAL 
                   PROPERTY RIGHTS UNDER CBI.

       (a) In General.--Section 212(c) of the Caribbean Basin 
     Economic Recovery Act (19 U.S.C. 2702(c)) is amended by 
     striking the semicolon at the end of paragraph (9) and adding 
     the following: ``notwithstanding the fact that the foreign 
     country may be in compliance with the specific obligations of 
     the Agreement on Trade-Related Aspects of Intellectual 
     Property Rights referred to in section 101(d)(15) of the 
     Uruguay Round Agreements Act;''.
       (b) CBTPA Beneficiary Country.--Section 213(b)(5)(B)(ii) of 
     the Caribbean Basin Economic Recovery Act (19 U.S.C. 
     2703(b)(5)(B)(ii)) is amended to read as follows:
       ``(ii) The extent to which the country provides adequate 
     and effective protection of intellectual property rights 
     notwithstanding the fact that the foreign country may be in 
     compliance with the specific obligations of the Agreement on 
     Trade-Related Aspects of Intellectual Property Rights 
     referred to in section 101(d)(15) of the Uruguay Round 
     Agreements Act;''.

[[Page S4637]]

     SEC. 4308. ADEQUATE AND EFFECTIVE PROTECTION OF INTELLECTUAL 
                   PROPERTY RIGHTS UNDER THE ATPA.

       Section 203(d) of the Andean Trade Preference Act (19 
     U.S.C. 3202(d)) is amended by striking the semicolon at the 
     end of paragraph (9) and adding the following: 
     ``notwithstanding the fact that the foreign country may be in 
     compliance with the specific obligations of the Agreement on 
     Trade-Related Aspects of Intellectual Property Rights 
     referred to in section 101(d)(15) of the Uruguay Round 
     Agreements Act;''.
                                  ____

  SA 3500. Mr. LEVIN 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 267, strike lines 11 through 14, and insert the 
     following:

     ``or discharged from the Committee on Finance;
       ``(ii) the House of Representatives to consider any 
     extension disapproval resolution not reported by or 
     discharged from the Committee on''.
                                  ____

  SA 3501. Mr. MURKOWSKI 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, add the following new section:

     ``SEC.   . WILD FISH AND SHELLFISH.

       ``Section 2106 of the Organic Foods Production act of 1990 
     (7 U.S.C. 6505) is amended by adding the following new 
     subsection (c) and renumbering accordingly:
       ``(c) Notwithstanding section 6506(a)(1)(A)), domestically 
     produced wild fish and shellfish products may be labeled as 
     organic if the secretary finds that they meet standards for 
     wholesomeness that are equivalent to standards adopted for 
     fish and shellfish produced from certified organic farms. In 
     the event that standards do not exist for fish or shellfish 
     produced from certified organic farms, the Secretary shall 
     establish appropriate standards to allow labeling of wild 
     fish and shellfish as organic. In establishing such standards 
     for wild fish and shellfish, the Secretary shall consult with 
     wild fish and shellfish producers, processors and sellers, as 
     well as other interested members of the public.' ''
                                  ____

  SA 3502. 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:

       On page 310, strike lines 1 through 5, and insert the 
     following:
       ``(B) footwear provided for in any of subheadings 
     6401.10.00, 6401.91.00, 6401.92.90, 6401.99.30, 6401.99.60, 
     6401.99.90, 6402.30.50, 6402.30.70, 6402.30.80, 6402.91.50, 
     6402.91.80, 6402.91.90, 6402.99.20, 6402.99.90, 6404.11.90, 
     or 6404.19.20 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;

       On page 328, strike lines 1 though 13, and insert the 
     following:

       ``(II) Articles described.--An article described in this 
     subclause means an article described in subheading 
     6401.10.00, 6401.91.00, 6401.92.90, 6401.99.30, 6401.99.60, 
     6401.99.90, 6402.30.50, 6402.30.70, 6402.30.80, 6402.91.50, 
     6402.91.80, 6402.91.90, 6402.99.20, 6402.99.90, 6404.11.90, 
     or 6404.19.20 of the HTS.

       At the end of title XXXI, insert the following:

     SEC. 3104. CBI.

       Section 213(b)(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 
     6401.10.00, 6401.91.00, 6401.92.90, 6401.99.30, 6401.99.60, 
     6401.99.90, 6402.30.50, 6402.30.70, 6402.30.80, 6402.91.50, 
     6402.91.80, 6402.91.90, 6402.99.20, 6402.99.90, 6404.11.90, 
     or 6404.19.20 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 preferences under title V of the Trade 
     Act of 1974.''.
                                  ____

  SA 3503. Mr. LEVIN 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 288, strike lines 7 through 12, and insert the 
     following:

     ``approval resolution not reported by or discharged from the 
     Committee on Ways and Means and, in addition, by the 
     Committee on Rules.
     ``(iv) It is not in order for the Senate to consider any 
     procedural disapproval resolution not reported by or 
     discharged from the Committee on Finance.''.
                                  ____

  SA 3504. Mr. LEVIN 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 as ordered to lie on the table; as follows:

       On page 267, line 11, insert ``or discharged from'' before 
     ``the''.
       On page 267, line 14, insert ``or discharged from'' before 
     ``the''.
       On page 288, line 7 insert ``or discharged from'' before 
     ``the''.
       On page 288, line 12, insert ``or discharged from'' before 
     ``the''.
                                  ____

  SA 3506. Mr. DURBIN (for himself and Mr. Specter) 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:

       After section 3201, 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) 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) 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 3506. Mr. CORZINE submitted an amendment intended to be proposed 
to amendment SA 3401 proposed by Mr. Baucus (for himself and Mr. 
Grassley) to the bill (H.R. 3009) to extend the Andean Trade Preference 
Act, to grant additional trade benefits under that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike Section 1143, and insert in lieu thereof, the 
     following:

[[Page S4638]]

     ``SEC. 1143. BORDER SEARCH AUTHORITY FOR CERTAIN CONTRABAND 
                   IN OUTBOUND MAIL.''

       The Tariff Act of 1930 is amended by inserting after 
     section 582 the following:

     ``SEC. 583. EXAMINATION OF OUTBOUND MAIL.

       ``(a) Examination.--
       ``(1) In general.--For purposes of ensuring compliance with 
     the Customs laws of the United States and other laws enforced 
     by the Customs Service, including the provisions of law 
     described in paragraph (2), a Customs officer may, subject to 
     the provisions of this section, require the United States 
     Postal Service to hold, and not continue to transport, mail 
     of domestic origin transmitted for export by the United 
     States Postal Service and foreign mail transiting the United 
     States that is being imported or exported by the United 
     States Postal Service for up to 15 days for the purpose of 
     allowing the Customs Service to seek a warrant to search such 
     mail.
       ``(2) Provisions of law described.--The provisions of law 
     described in this paragraph are the following:
       ``(A) Section 5316 of title 31, United States Code 
     (relating to reports on exporting and importing monetary 
     instruments).
       ``(B) Sections 1461, 1463, 1465, and 1466 and chapter 110 
     of title 18, United States Code (relating to obscenity and 
     child pornography).
       ``(C) Section 1003 of the Controlled Substances Import and 
     Export Act (21 U.S.C. 953; relating to exportation of 
     controlled substances).
       ``(D) The Export Administration Act of 1979 (50 U.S.C. App. 
     2401 et seq.).
       ``(E) Section 38 of the Arms Export Control Act (22 U.S.C. 
     2778).
       ``(F) The International Emergency Economic Powers Act (50 
     U.S.C. 1701 et seq.).
       ``(b) Search of Mail Not Sealed Against Inspection and 
     Other Mail.--Mail not sealed against inspection under the 
     postal laws and regulations of the United States, mail which 
     bears a customs declaration, and mail with respect to which 
     the sender or addressee has consented in writing to search, 
     may be searched by a Customs officer.
       (c) Search of Mail Sealed Against Inspection.--(1) A 
     Customs officer may require that the United States Postal 
     Service hold, and not continue to transport, mail sealed 
     against inspection under the postal laws and regulations of 
     the United States, subject to paragraph (2), upon reasonable 
     cause to suspect that such mail contains one or more of the 
     following:
       ``(A) Monetary instruments, as defined in section 1956 of 
     title 18, United States Code.
       ``(B) A weapon of mass destruction, as defined in section 
     2332a(b) of title 18, United States Code.
       ``(C) A drug or other substance listed in schedule I, II, 
     III, or IV in section 202 of the Controlled Substances Act 
     (21 U.S.C. 812).
       ``(D) National defense and related information transmitted 
     in violation of any of sections 793 through 798 of title 18, 
     United States Code.
       ``(E) Merchandise mailed in violation of section 1715 or 
     1716 of title 18, United States Code.
       ``(F) Merchandise mailed in violation of any provision of 
     chapter 71 (relating to obscenity) or chapter 110 (relating 
     to sexual exploitation and other abuse of children) of title 
     18, United States Code.
       ``(G) Merchandise mailed in violation of the Export 
     Administration Act of 1979 (50 U.S.C. App. 2401 et seq.).
       ``(H) Merchandise mailed in violation of section 38 of the 
     Arms Export Control Act (22 U.S.C. 2778).''
       ``(I) Merchandise mailed in violation of the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
       ``(J) Merchandise mailed in violation of the Trading with 
     the Enemy Act (50 U.S.C. App. 1 et seq.).
       ``(K) Merchandise subject to any other laws enforced by the 
     Customs Service.''
                                  ____

  SA 3507. Mrs. BOXER 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 250, line 24, after the comma, insert 
     ``environmental, employment opportunity,''.
                                  ____

  SA. 3508. Mrs. BOXER 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 250, line 24, after the comma, insert 
     ``environmental, employment opportunity, gender equity,''.
                                  ____

  SA. 3509. Mrs. BOXER 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:

       In lieu of the matter proposed to be inserted, insert 
     ``environmental, employment opportunity,''
                                  ____

  SA. 3510. Mrs. BOXER submitted an amendment intended to be proposed 
by her 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:

       In lieu of the matter proposed to be inserted, insert 
     ``environmental, employment opportunity, gender equity,''.
                                  ____

  SA. 3511. Mrs. BOXER submitted an amendment intended to be proposed 
by her 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.   . DEFINITION OF SHIFT IN PRODUCTION.

       In this Act, the term ``shift in production'' means the 
     transfer of a firm or subdivision of a firm to a foreign 
     country, or the transfer of the means of importing articles 
     (including agricultural products) to foreign owned and 
     operated motor carriers.
                                  ____

  SA. 3512. Mrs. BOXER submitted an amendment intended to be proposed 
by her 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC.   . DEFINITION OF SHIFT IN PRODUCTION.

       (a) In General.--In this Act, the term ``shift in 
     production'' means the transfer of a firm or subdivision of a 
     farm to a foreign country, or the transfer of the means of 
     importing articles (including agricultural products) to 
     foreign owned and operated motor carriers.
       (b) Effective Date.--This section shall be effective one 
     day after the enactment of this Act.
                                  ____

  SA. 3513. Mrs. FEINSTEIN 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 I, insert the following new section:

     SEC. 113. INFORMATION TECHNOLOGY TRAINING.

       Section 240 of the Trade Act of 1974, as amended by section 
     111, is amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (A), by inserting ``, including a 
     program that trains an adversely affected worker for 
     employment in a new career field'' after ``customized 
     training'';
       (B) in subparagraph (D), by striking ``and'' at the end;
       (C) by redesignating subparagraph (E) as subparagraph (F);
       (D) after subparagraph (D), by inserting the following new 
     subparagraph:
       ``(E) information technology training.''; and
       (E) in the flush language following subparagraph (F), as 
     redesignated, by striking ``(E)'' and inserting ``(F)'';
       (2) in subsection (b), by adding at the end the following 
     new paragraph:
       ``(3) Multiple training programs.--The Secretary may pay 
     the costs of multiple training programs for an adversely 
     affected worker covered by a certification issued under 
     section 231, provided that those training programs are not 
     duplicative.''; and
       (3) in subsection (f), by striking paragraph (3), and 
     inserting the following new paragraph:
       ``(3) Definitions.--For purposes of this section:
       ``(A) Suitable employment.--The term `suitable employment' 
     means, with respect to a worker, work of a substantially 
     equal or higher skill level than the worker's past adversely 
     affected employment, and wages for such work at not less than 
     80 percent of the worker's average weekly wage.
       ``(B) Information technology training.--The term 
     `information technology training' means a training program 
     that is designed to result in the awarding of an industry-
     accepted information technology certification that is 
     provided by--
       ``(i) any information technology trade association or 
     corporation to the employees of such association or 
     corporation;
       ``(ii) the employer of an adversely affected worker;
       ``(iii) a State;
       ``(iv) a school district, university system, or an 
     institution of higher education (as defined in section 101 of 
     the Higher Education Act of 1965) (20 U.S.C. 1001); or
       ``(v) a certified commercial information technology 
     training provider.''.
                                  ____

  SA 3514. Mrs. FEINSTEIN 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

[[Page S4639]]

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 I, insert the following new section:

     SEC. 113. INFORMATION TECHNOLOGY TRAINING.

       Section 240 of the Trade Act of 1974, as amended by section 
     111, is amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (A), by inserting ``, including a 
     program that trains an adversely affected worker for 
     employment in a new career field'' after ``customized 
     training'';
       (B) in subparagraph (D), by striking ``and'' at the end;
       (C) by redesignating subparagraph (E) as subparagraph (F);
       (D) after subparagraph (D), by inserting the following new 
     subparagraph:
       ``(E) information technology training.''; and
       (E) in the flush language following subparagraph (F), as 
     redesignated, by striking ``(E)'' and inserting ``(F)'';
       (2) in subsection (b), by adding at the end the following 
     new paragraph:
       ``(3) Multiple training programs.--The Secretary may pay 
     the costs of multiple training programs for an adversely 
     affected worker covered by a certification issued under 
     section 231, provided that those training programs are not 
     duplicative.''; and
       (3) in subsection (f), by striking paragraph (3), and 
     inserting the following new paragraph:
       ``(3) Definitions.--For purposes of this section:
       ``(A) Suitable employment.--The term `suitable employment' 
     means, with respect to a worker, work of a substantially 
     equal or higher skill level than the worker's past adversely 
     affected employment, and wages for such work at not less than 
     80 percent of the worker's average weekly wage.
       ``(B) Information technology training.--The term 
     `information technology training' means a training program 
     that is designed to result in the awarding of an industry-
     accepted information technology certification that is 
     provided by--
       ``(i) any information technology trade association or 
     corporation to the employees of such association or 
     corporation;
       ``(ii) the employer of an adversely affected worker;
       ``(iii) a State;
       ``(iv) a school district, university system, or an 
     institution of higher education (as defined in section 101 of 
     the Higher Education Act of 1965) (20 U.S.C. 1001); or
       ``(v) a certified commercial information technology 
     training provider.''.
                                  ____

  SA 3515. Mr. ENZI 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 XXI, insert the following:

     SEC. 2114. REPORT FROM THE INTERNATIONAL TRADE COMMISSION ON 
                   IMPORT SENSITIVE PRODUCTS.

       (a) Import Sensitive List.--Notwithstanding any other 
     provision of law, at least 90 days before initiating 
     negotiations on import sensitive products, the President 
     shall publish and furnish the International Trade Commission 
     with a list of import sensitive products which may be 
     considered for modification or continuance of duties, 
     continuance of duty-free or excise treatment, or additional 
     duties.
       (b) Report.--Within 120 days after receipt of the list 
     described in subsection (a) or on the day the President 
     enters into negotiations, whichever is later, the Commission 
     shall, with respect to each import sensitive product, provide 
     a written report to the President and Congress as to the 
     probable economic effect of modifying duties or removing 
     nontariff measure on United States industries producing like 
     or directly competitive product. The report may include the 
     advice of the Commission as to whether any reduction in the 
     rate of duty should take place over a longer period of time 
     than the minimum period provided for in section 2103(a)(2) of 
     this title.
       (c) Actions of the Commission.--
       (1) Report.--In preparing the report to the President and 
     Congress, the Commission shall, to the extent practicable, 
     act in accordance with section 131 (d) and (e) of the Trade 
     Act of 1974 (19 U.S.C. 2151).
       (2) Public comment.--Notwithstanding any other provision of 
     law, the Commission shall, in preparing the report required 
     by this section seek public comment through public hearings, 
     written statements, or any other method practicable.
       (d) Definition.--The term ``import sensitive product'' 
     means a product or industry to which section 2104(b)(2)(A)(i) 
     applies and as defined in section 503(b)(1) of the Trade Act 
     of 1974.
                                  ____

  SA 3516. Mr. REED (for himself, Mr. Bingaman, Mr. Corzine, and Mr. 
Kennedy) 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:

       Beginning on page 9, strike line 24, and all that follows 
     through page 12, line 24, 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.
       ``(12) Extended compensation.--The term `extended 
     compensation' has the meaning given that term in section 
     205(4) of the Federal-State Extended Unemployment 
     Compensation Act of 1970 (26 U.S.C. 3304 note).
       ``(13) Job finding club.--The term `job finding club' means 
     a job search workshop which includes a period of structured, 
     supervised activity in which participants attempt to obtain 
     jobs.
       ``(14) Job search program.--The term `job search program' 
     means a job search workshop or job finding club.
       ``(15) Job search workshop.--The term `job search workshop' 
     means a short (1- to 3-day) seminar, covering subjects such 
     as labor market information, resume writing, interviewing 
     techniques, and techniques for finding job openings, that is 
     designed to provide participants with knowledge that will 
     enable the participants to find jobs.
       ``(16) On-the-job training.--The term `on-the-job training' 
     has the same meaning as that term has in section 101(31) of 
     the Workforce Investment Act.
       ``(17) Partial separation.--A partial separation shall be 
     considered to exist with respect to an individual if--
       ``(A) the individual has had a 20-percent or greater 
     reduction in the average weekly hours worked by that 
     individual in adversely affected employment; and
       ``(B) the individual has had a 20-percent or greater 
     reduction in the average weekly wage of the individual with 
     respect to adversely affected employment.
       ``(18) Regular compensation.--The term `regular 
     compensation' has the meaning given that term in section 
     205(2) of the Federal-State Extended Unemployment 
     Compensation Act of 1970 (26 U.S.C. 3304 note).
       ``(19) Regular state unemployment.--The term `regular State 
     unemployment' means unemployment insurance benefits other 
     than an extension of unemployment insurance by a State using 
     its own funds beyond either the 26-week period mandated by 
     Federal law or any additional period provided for under the 
     Federal-State Extended Unemployment Compensation Act of 1970 
     (26 U.S.C. 3304 note).
       ``(20) Secretary.--The term `Secretary' means the Secretary 
     of Labor.
       ``(21) State.--The term `State' includes each State of the 
     United States, the District of Columbia, and the Commonwealth 
     of Puerto Rico.
       ``(22) State agency.--The term `State agency' means the 
     agency of the State that administers the State law.
       ``(23) State law.--The term `State law' means the 
     unemployment insurance law of the State approved by the 
     Secretary under section 3304 of the Internal Revenue Code of 
     1986.
       ``(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 3517. Mr. BAUCUS (for himself and Mr. Grassley) 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:

       Beginning on page 135, line 9, strike all through page 164, 
     line 16, and insert the following:

 TITLE VI--HEALTH CARE COVERAGE OPTIONS FOR WORKERS ELIGIBLE FOR TRADE 
                         ADJUSTMENT ASSISTANCE

     SEC. 601. TRADE ADJUSTMENT ASSISTANCE HEALTH INSURANCE 
                   CREDIT.

       (a) In General.--Subchapter B of chapter 65 of the Internal 
     Revenue Code of 1986 (relating to abatements, credits, and 
     refunds) is amended by inserting after section 6428 the 
     following new section:

     ``SEC. 6429. TRADE ADJUSTMENT ASSISTANCE HEALTH INSURANCE 
                   CREDIT.

       ``(a) In General.--In the case of an individual, there 
     shall be allowed as a credit against the tax imposed by 
     subtitle A an amount equal to 70 percent of the amount paid 
     by the taxpayer during the taxable year for coverage for the 
     taxpayer, the taxpayer's spouse, and dependents of the 
     taxpayer under qualified health insurance during eligible 
     coverage months.
       ``(b) Eligible Coverage Month.--For purposes of this 
     section--
       ``(1) In general.--The term `eligible coverage month' means 
     any month if, as of the first day of such month--
       ``(A) the taxpayer is an eligible individual,
       ``(B) the taxpayer is covered by qualified health 
     insurance,

[[Page S4640]]

       ``(C) the premium for coverage under such insurance for 
     such month is paid by the taxpayer, and
       ``(D) the taxpayer does not have other specified coverage.
       ``(2) Special rules.--
       ``(A) Joint returns.--In the case of a joint return, the 
     requirements of paragraph (1) shall be treated as met if at 
     least 1 spouse satisfies such requirements.
       ``(B) Exclusion of months in which individual is 
     imprisoned.--Such term shall not include any month with 
     respect to an individual if, as of the first day of such 
     month, such individual is imprisoned under Federal, State, or 
     local authority.
       ``(3) Other specified coverage.--For purposes of this 
     subsection, an individual has other specified coverage for 
     any month if, as of the first day of such month--
       ``(A) Subsidized coverage.--
       ``(i) For taa program individuals.--In the case of an 
     individual described in subsection (c)(1), such individual is 
     covered under any qualified health insurance (other than 
     insurance described in subparagraph (A), (B), or (F) of 
     subsection (d)(1)) under which at least 50 percent of the 
     cost of coverage (determined under section 4980B(f)(4)) is 
     paid or incurred by an employer (or former employer) of the 
     taxpayer or the taxpayer's spouse.
       ``(ii) For wage insurance program individuals.--In the case 
     of an individual described in subsection (c)(2), such 
     individual is either--

       ``(I) eligible for coverage under any qualified health 
     insurance (other than insurance described in subparagraph 
     (A), (B), or (F) of subsection (d)(1)) under which at least 
     50 percent of the cost of coverage (determined under section 
     4980B(f)(4)) is paid or incurred by an employer (or former 
     employer) of the taxpayer or the taxpayer's spouse, or
       ``(II) covered under any such qualified health insurance 
     under which any portion of the cost of coverage (as so 
     determined) is paid or incurred by an employer (or former 
     employer) of the taxpayer or the taxpayer's spouse.

       ``(iii) Treatment of cafeteria plans.--For purposes of 
     clause (i) or (ii), the cost of coverage shall be treated as 
     paid or incurred by an employer to the extent the coverage is 
     in lieu of a right to receive cash or other qualified 
     benefits under a cafeteria plan (as defined in section 
     125(d)).
       ``(B) Coverage under medicare, medicaid, or schip.--Such 
     individual--
       ``(i) is entitled to benefits under part A of title XVIII 
     of the Social Security Act or is enrolled under part B of 
     such title, or
       ``(ii) is enrolled in the program under title XIX or XXI of 
     such Act (other than under section 1928).
       ``(C) Certain other coverage.--Such individual--
       ``(i) is enrolled in a health benefits plan under chapter 
     89 of title 5, United States Code,
       ``(ii) is entitled to receive benefits under chapter 55 of 
     title 10, United States Code, or
       ``(iii) is entitled to receive benefits under chapter 17 of 
     title 38, United States Code.
       ``(c) Eligible Individual.--For purposes of this section, 
     the term `eligible individual' means an individual who--
       ``(1) would be eligible to participate in the trade 
     adjustment allowance program under section 235 of the Trade 
     Act of 1974, as amended by section 111 of the Trade 
     Adjustment Assistance Reform Act of 2002, if section 235 (as 
     so amended) were applied without regard to subsection 
     (a)(3)(B) thereof; or
       ``(2) is participating in the wage insurance program under 
     section 243(b) of such Act (as so amended).
       ``(d) Qualified Health Insurance.--
       ``(1) In general.--For purposes of this section, subject to 
     paragraph (2), the term `qualified health insurance' means 
     health insurance coverage or coverage under a group health 
     plan through--
       ``(A) COBRA continuation coverage,
       ``(B) continuation coverage under a similar State program,
       ``(C) the enrollment of the eligible worker and the 
     eligible worker's spouse and dependents in health insurance 
     coverage offered through a qualified State high risk pool or 
     other comparable State-based health insurance coverage 
     alternative,
       ``(D) the enrollment of the eligible worker and the 
     eligible worker's spouse and dependents in the health 
     insurance program offered for State employees,
       ``(E) the enrollment of the eligible worker and the 
     eligible worker's spouse and dependents in a State-based 
     health insurance program that is comparable to the health 
     insurance program offered for State employees,
       ``(F) a direct payment arrangement entered into by the 
     State and a group health plan (including a multiemployer plan 
     as defined in section 414(f)), an issuer of health insurance 
     coverage, an administrator of health insurance coverage or a 
     group health plan, or an employer, as appropriate, on behalf 
     of the eligible worker and the eligible worker's spouse and 
     dependents,
       ``(G) the enrollment of the eligible worker and the 
     eligible worker's spouse and dependents in a State-operated 
     health plan that does not receive any Federal financial 
     participation,
       ``(H) the enrollment of the eligible worker and the 
     eligible worker's spouse and dependents in health insurance 
     coverage offered through a State arrangement with a private 
     sector health care coverage purchasing pool,
       ``(I) in the case of an eligible worker who was enrolled in 
     individual health insurance coverage during the 6-month 
     period that ends on the date on which the worker became 
     unemployed, enrollment in such individual health insurance 
     coverage, or
       ``(J) enrollment of the eligible worker and the eligible 
     worker's spouse and dependents in coverage under a group 
     health plan that is available through the employment of the 
     worker's spouse and is not described in subsection 
     (b)(3)(A)(i).
       ``(2) Requirements.--Health insurance coverage or coverage 
     under a group health plan shall not be treated as being 
     described in any of subparagraphs (B) through (H) of 
     paragraph (1) unless, with respect to such coverage provided 
     to eligible workers and the eligible worker's spouse or 
     dependents--
       ``(A) enrollment is guaranteed for workers who provide a 
     qualified health insurance credit eligibility certificate 
     described in section 7527 and who pay the remainder of the 
     premium for such enrollment,
       ``(B) no pre-existing condition limitations are imposed 
     with respect to such eligible workers,
       ``(C) the worker is not required (as a condition of 
     enrollment or continued enrollment under the coverage) to pay 
     a premium or contribution that is greater than the premium or 
     contribution for an individual who is not an eligible worker 
     who has comparable coverage,
       ``(D) benefits under the coverage are the same as (or 
     substantially similar to) the benefits provided to 
     individuals who are not eligible workers who have comparable 
     coverage,
       ``(E) the standard loss ratio for the coverage is not less 
     than 65 percent,
       ``(F) in the case of coverage provided under paragraph 
     (1)(E), the premiums and benefits are comparable to the 
     premiums and benefits applicable to State employees, and
       ``(G) such coverage otherwise meets requirements 
     established by the Secretary.
       ``(3) Definitions.--For purposes of this section:
       ``(A) Cobra continuation coverage.--The term `COBRA 
     continuation coverage' means coverage under a group health 
     plan provided by an employer pursuant to section 4980B.
       ``(B) Group health plan.--The term `group health plan' has 
     the meaning given such term by section 5001(b)(1).
       ``(C) Health insurance coverage.--Except to the extent 
     provided by the Secretary, the term `health insurance 
     coverage' has the meaning given such term by section 
     9832(b)(1) (other than insurance if substantially all of its 
     coverage is of excepted benefits described in section 9832(c) 
     or provided under a flexible spending arrangement, as 
     determined under section 106(c).
       ``(D) Individual health insurance coverage.--The term 
     `individual health insurance coverage' means health insurance 
     coverage offered to individuals other than in connection with 
     a group health plan. Such term does not include Federal- or 
     State-based health insurance coverage.
       ``(E) Qualified state high risk pool.--The term `qualified 
     State high risk pool' has the meaning given that term in 
     section 2744(c)(2) of the Public Health Service Act (42 
     U.S.C. 300gg-44(c)(2)).
       ``(F) Standard loss ratio.--The term `standard loss ratio', 
     with respect to the pool of insured individuals under 
     coverage described in subparagraph (B) through (H) of 
     paragraph (1) for a year, means--
       ``(i) the amount of claims incurred with respect to the 
     pool of insured individuals in each such type of coverage for 
     such year; divided by
       ``(ii) the premiums paid for enrollment in each such 
     coverage for such year.
       ``(e) Coordination With Advance Payments of Credit.--
       ``(1) Recapture of excess advance payments.--If any payment 
     is made by the Secretary under section 7527 during any 
     calendar year to a provider of qualified health insurance for 
     an individual, then the tax imposed by this chapter for the 
     individual's last taxable year beginning in such calendar 
     year shall be increased by the aggregate amount of such 
     payments.
       ``(2) Reconciliation of payments advanced and credit 
     allowed.--Any increase in tax under paragraph (1) shall not 
     be treated as tax imposed by this chapter for purposes of 
     determining the amount of any credit (other than the credit 
     allowed by subsection (a)) allowable under part IV of 
     subchapter A of chapter 1.
       ``(f) Special Rules.--
       ``(1) Coordination with other deductions.--Amounts taken 
     into account under subsection (a) shall not be taken into 
     account in determining any deduction allowed under section 
     162(l) or 213.
       ``(2) MSA distributions.--Amounts distributed from an 
     Archer MSA (as defined in section 220(d)) shall not be taken 
     into account under subsection (a).
       ``(3) Denial of credit to dependents.--No credit shall be 
     allowed under this section to any individual with respect to 
     whom a deduction under section 151 is allowable to another 
     taxpayer for a taxable year beginning in the calendar year in 
     which such individual's taxable year begins.
       ``(4) Credit treated as refundable credit.--For purposes of 
     this title, the credit allowed under this section shall be 
     treated as a credit allowable under subpart C of part IV of 
     subchapter A of chapter 1.
       ``(5) Expenses must be substantiated.--A payment for 
     qualified health insurance to which subsection (a) applies 
     may be taken into account under this section only if the

[[Page S4641]]

     taxpayer substantiates such payment in such form as the 
     Secretary may prescribe.''.
       (b) Information Reporting.--
       (1) In general.--Subpart B of part III of subchapter A of 
     chapter 61 of the Internal Revenue Code of 1986 (relating to 
     information concerning transactions with other persons) is 
     amended by inserting after section 6050S the following new 
     section:

     ``SEC. 6050T. RETURNS RELATING TO TRADE ADJUSTMENT ASSISTANCE 
                   HEALTH INSURANCE CREDIT.

       ``(a) Requirement of Reporting.--Every person--
       ``(1) who, in connection with a trade or business conducted 
     by such person, receives payments during any calendar year 
     from any individual for coverage of such individual or any 
     other individual under qualified health insurance (as defined 
     in section 6429(d)), and
       ``(2) who claims a reimbursement for an advance credit 
     amount,
     shall, at such time as the Secretary may prescribe, make the 
     return described in subsection (b) with respect to each 
     individual from whom such payments were received or for whom 
     such a reimbursement is claimed.
       ``(b) Form and Manner of Returns.--A return is described in 
     this subsection if such return--
       ``(1) is in such form as the Secretary may prescribe, and
       ``(2) contains--
       ``(A) the name, address, and TIN of each individual 
     referred to in subsection (a),
       ``(B) the aggregate of the advance credit amounts provided 
     to such individual and for which reimbursement is claimed,
       ``(C) the number of months for which such advance credit 
     amounts are so provided, and
       ``(D) such other information as the Secretary may 
     prescribe.
       ``(c) Statements To Be Furnished to Individuals With 
     Respect to Whom Information Is Required.--Every person 
     required to make a return under subsection (a) shall furnish 
     to each individual whose name is required to be set forth in 
     such return a written statement showing--
       ``(1) the name and address of the person required to make 
     such return and the phone number of the information contact 
     for such person, and
       ``(2) the information required to be shown on the return 
     with respect to such individual.

     The written statement required under the preceding sentence 
     shall be furnished on or before January 31 of the year 
     following the calendar year for which the return under 
     subsection (a) is required to be made.
       ``(d) Advance Credit Amount.--For purposes of this section, 
     the term `advance credit amount' means an amount for which 
     the person can claim a reimbursement pursuant to a program 
     established by the Secretary under section 7527.''.
       (2) Assessable penalties.--
       (A) Subparagraph (B) of section 6724(d)(1) of such Code 
     (relating to definitions) is amended by redesignating clauses 
     (xi) through (xvii) as clauses (xii) through (xviii), 
     respectively, and by inserting after clause (x) the following 
     new clause:
       ``(xi) section 6050T (relating to returns relating to trade 
     adjustment assistance health insurance credit),''.
       (B) Paragraph (2) of section 6724(d) of such Code is 
     amended by striking ``or'' at the end of subparagraph (Z), by 
     striking the period at the end of subparagraph (AA) and 
     inserting ``, or'', and by adding after subparagraph (AA) the 
     following new subparagraph:
       ``(BB) section 6050T (relating to returns relating to trade 
     adjustment assistance health insurance credit).''.
       (3) Clerical amendment.--The table of sections for subpart 
     B of part III of subchapter A of chapter 61 of such Code is 
     amended by inserting after the item relating to section 6050S 
     the following new item:

``Sec. 6050T. Returns relating to trade adjustment assistance health 
              insurance credit.''.

       (c) Criminal Penalty for Fraud.--
       (1) In general.--Subchapter B of chapter 75 of the Internal 
     Revenue Code of 1986 (relating to other offenses) is amended 
     by adding at the end the following:

     ``SEC. 7276. PENALTIES FOR OFFENSES RELATING TO TRADE 
                   ADJUSTMENT ASSISTANCE HEALTH INSURANCE CREDIT.

       ``Any person who knowingly misuses Department of the 
     Treasury names, symbols, titles, or initials to convey the 
     false impression of association with, or approval or 
     endorsement by, the Department of the Treasury of any 
     insurance products or group health coverage in connection 
     with the credit for trade adjustment assistance health 
     insurance under section 6429 shall on conviction thereof be 
     fined not more than $10,000, or imprisoned not more than 1 
     year, or both.''.
       (2) The table of sections for subchapter B of chapter 75 of 
     such Code is amended by adding at the end the following:

``Sec. 7276. Penalties for offenses relating to trade adjustment 
              assistance health insurance credit.''.

       (d) Conforming Amendments.--
       (1) Paragraph (2) of section 1324(b) of title 31, United 
     States Code, is amended by inserting before the period ``, or 
     from section 6429 of such Code''.
       (2) The table of sections for subchapter B of chapter 65 of 
     the Internal Revenue Code of 1986 is amended by adding at the 
     end the following new item:

``Sec. 6429. Trade adjustment assistance health insurance credit.''.

       (e) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to taxable years 
     beginning after December 31, 2001, without regard to whether 
     final regulations to carry out such amendments have been 
     promulgated by such date.
       (2) Penalties.--The amendments made by subsection (c) shall 
     take effect on the date of the enactment of this Act.

     SEC. 602. ADVANCE PAYMENT OF TRADE ADJUSTMENT ASSISTANCE 
                   HEALTH INSURANCE CREDIT.

       (a) In General.--Chapter 77 of the Internal Revenue Code of 
     1986 (relating to miscellaneous provisions) is amended by 
     adding at the end the following new section:

     ``SEC. 7527. ADVANCE PAYMENT OF TRADE ADJUSTMENT ASSISTANCE 
                   HEALTH INSURANCE CREDIT.

       ``(a) General Rule.--The Secretary shall establish a 
     program for making payments on behalf of eligible individuals 
     (as defined in section 6429(c)) to providers of health 
     insurance for such individuals for whom a qualified health 
     insurance credit eligibility certificate is in effect.
       ``(b) Qualified Health Insurance Credit Eligibility 
     Certificate.--For purposes of this section, except as 
     provided by the Secretary, a qualified health insurance 
     credit eligibility certificate is a statement certified by a 
     designated local agency (as defined in section 51(d)(11)) (or 
     by any other entity designated by the Secretary) which--
       ``(1) certifies that the individual was an eligible 
     individual (as defined in section 6429(c)) as of the first 
     day of any month, and
       ``(2) provides such other information as the Secretary may 
     require for purposes of this section.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     77 of the Internal Revenue Code of 1986 is amended by adding 
     at the end the following new item:

``Sec. 7527. Advance payment of trade adjustment assistance health 
              insurance credit.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     without regard to whether final regulations to carry out such 
     amendments have been promulgated by such date.

     SEC. 603. HEALTH INSURANCE COVERAGE FOR ELIGIBLE INDIVIDUALS.

       (a) Eligibility for Grants.--Section 173(a) of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2918(a)) is 
     amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3) by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(4) from funds appropriated under section 174(c)--
       ``(A) to a State to provide the assistance described in 
     subsection (f) to any eligible worker (as defined in 
     subsection (f)(4)(B)); and
       ``(B) to a State to provide the assistance described in 
     subsection (g) to any eligible worker (as defined in 
     subsection (g)(5)).''.
       (b) Use of Funds for Health Insurance Coverage.--Section 
     173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918) 
     is amended by adding at the end the following:
       ``(f) Health Insurance Coverage Assistance for Eligible 
     Workers.--
       ``(1) In general.--Funds made available to a State under 
     paragraph (4)(A) of subsection (a) may be used by the State 
     for the following:
       ``(A) Health insurance coverage.--To assist an eligible 
     worker (as defined in paragraph (4)(B)) in enrolling in 
     health insurance coverage or coverage under a group health 
     plan through--
       ``(i) COBRA continuation coverage;
       ``(ii) continuation coverage under a similar State program;
       ``(iii) the enrollment of the eligible worker and the 
     eligible worker's spouse and dependents in health insurance 
     coverage offered through a qualified State high risk pool or 
     other comparable State-based health insurance coverage 
     alternative;
       ``(iv) the enrollment of the eligible worker and the 
     eligible worker's spouse and dependents in the health 
     insurance program offered for State employees;
       ``(v) the enrollment of the eligible worker and the 
     eligible worker's spouse and dependents in a State-based 
     health insurance program that is comparable to the health 
     insurance program offered for State employees;
       ``(vi) a direct payment arrangement entered into by the 
     State and a group health plan (including a multiemployer plan 
     as defined in section 3(37) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1002(37))), an issuer of 
     health insurance coverage, an administrator of health 
     insurance coverage or a group health plan, or an employer, as 
     appropriate, on behalf of the eligible worker and the 
     eligible worker's spouse and dependents;
       ``(vii) the enrollment of the eligible worker and the 
     eligible worker's spouse and dependents in a State-operated 
     health plan that does not receive any Federal financial 
     participation;
       ``(viii) the enrollment of the eligible worker and the 
     eligible worker's spouse and dependents in health insurance 
     coverage offered through a State arrangement with a private 
     sector health care coverage purchasing pool;

[[Page S4642]]

       ``(ix) in the case of an eligible worker who was enrolled 
     in individual health insurance coverage during the 6-month 
     period that ends on the date on which the worker became 
     unemployed, enrollment in such individual health insurance 
     coverage; or
       ``(x) enrollment of the eligible worker and the eligible 
     worker's spouse and dependents in coverage under a group 
     health plan that is available through the employment of the 
     worker's spouse and is not described in paragraph 
     (4)(C)(i)(I).
       ``(B) Establishment of health insurance coverage 
     mechanisms.--To establish or administer--
       ``(i) a qualified State high risk pool for the purpose of 
     providing health insurance coverage to an eligible worker and 
     the eligible worker's spouse and dependents;
       ``(ii) a State-based program for the purpose of providing 
     health insurance coverage to an eligible worker and the 
     eligible worker's spouse and dependents that is comparable to 
     the State health insurance program for State employees; or
       ``(iii) a program under which the State enters into 
     arrangements described in subparagraph (A)(vi).
       ``(C) Administrative expenses.--To pay the administrative 
     expenses related to the enrollment of eligible workers and 
     the eligible workers spouses and dependents in health 
     insurance coverage or coverage under a group health plan 
     described in subparagraph (A), including--
       ``(i) eligibility verification activities;
       ``(ii) the notification of eligible workers of available 
     health insurance coverage options;
       ``(iii) processing qualified health insurance credit 
     eligibility certificates provided for under section 7527 of 
     the Internal Revenue Code of 1986;
       ``(iv) providing assistance to eligible workers in 
     enrolling in health insurance coverage;
       ``(v) the development or installation of necessary data 
     management systems; and
       ``(vi) any other expenses determined appropriate by the 
     Secretary.
       ``(2) Requirements.--With respect to health insurance 
     coverage or coverage under a group health plan provided to 
     eligible workers under any of clauses (ii) through (viii) of 
     paragraph (1)(A), the State shall ensure that--
       ``(A) enrollment is guaranteed for workers who provide a 
     qualified health insurance credit eligibility certificate 
     described in section 7527 of the Internal Revenue Code of 
     1986 and who pay the remainder of the premium for such 
     enrollment;
       ``(B) no pre-existing condition limitations are imposed 
     with respect to such eligible workers;
       ``(C) the worker is not required (as a condition of 
     enrollment or continued enrollment under the coverage) to pay 
     a premium or contribution that is greater than the premium or 
     contribution for a individual who is not an eligible worker 
     who has comparable coverage;
       ``(D) benefits under the coverage are the same as (or 
     substantially similar to) the benefits provided to 
     individuals who are not eligible workers who have comparable 
     coverage;
       ``(E) the standard loss ratio for the coverage is not less 
     than 65 percent;
       ``(F) in the case of coverage provided under paragraph 
     (1)(A)(v), the premiums and benefits are comparable to the 
     premiums and benefits applicable to State employees; and
       ``(G) such coverage otherwise meets requirements 
     established by the Secretary.
       ``(3) Availability of funds.--
       ``(A) Expedited procedures.--With respect to applications 
     submitted by States for grants under this subsection, the 
     Secretary shall--
       ``(i) not later than 15 days after the date on which the 
     Secretary receives a completed application from a State, 
     notify the State of the determination of the Secretary with 
     respect to the approval or disapproval of such application;
       ``(ii) in the case of a State application that is 
     disapproved by the Secretary, provide technical assistance, 
     at the request of the State, in a timely manner to enable the 
     State to submit an approved application; and
       ``(iii) develop procedures to expedite the provision of 
     funds to States with approved applications.
       ``(B) Availability and distribution of funds.--The 
     Secretary shall ensure that funds made available under 
     section 174(c)(1)(A) to carry out subsection (a)(4)(A) are 
     available to States throughout the period described in 
     section 174(c)(2)(A).
       ``(4) Definitions.--For purposes of this subsection:
       ``(A) Cobra continuation coverage.--The term `COBRA 
     continuation coverage' means coverage under a group health 
     plan provided by an employer pursuant to title XXII of the 
     Public Health Service Act, section 4980B of the Internal 
     Revenue Code of 1986, part 6 of subtitle B of title I of the 
     Employee Retirement Income Security Act of 1974, or section 
     8905a of title 5, United States Code.
       ``(B) Eligible worker.--The term `eligible worker' means an 
     individual--
       ``(i) who--

       ``(I) would be eligible to participate in the trade 
     adjustment allowance program under section 235 of the Trade 
     Act of 1974, as amended by section 111 of the Trade 
     Adjustment Assistance Reform Act of 2002, if section 235 (as 
     so amended) were applied without regard to subsection 
     (a)(3)(B) thereof; or
       ``(II) is participating in the wage insurance program under 
     section 243(b) of such Act (as so amended);

       ``(ii) who does not have other specified coverage; and
       ``(iii) who is not imprisoned under Federal, State, or 
     local authority.
       ``(C) Other specified coverage.--With respect to any 
     individual, the term `other specified coverage' means--
       ``(i) Subsidized coverage.--

       ``(I) For taa program individuals.--In the case of an 
     individual described in subparagraph (B)(i)(I), such 
     individual is covered under any qualified health insurance 
     (other than insurance described in clause (i), (ii), or (vi) 
     of paragraph (1)(A)) under which at least 50 percent of the 
     cost of coverage (determined under section 4980B(f)(4) of the 
     Internal Revenue Code of 1986) is paid or incurred by an 
     employer (or former employer) of the taxpayer or the 
     taxpayer's spouse.
       ``(II) For wage insurance program individuals.--In the case 
     of an individual described in subparagraph (B)(i)(II), such 
     individual is either--

       ``(aa) eligible for coverage under any qualified health 
     insurance (other than insurance described in clause (i), 
     (ii), or (vi) of paragraph (1)(A)) under which at least 50 
     percent of the cost of coverage (determined under section 
     4980B(f)(4) of such Code) is paid or incurred by an employer 
     (or former employer) of the taxpayer or the taxpayer's 
     spouse; or
       ``(bb) covered under any such qualified health insurance 
     under which any portion of the cost of coverage (as so 
     determined) is paid or incurred by an employer (or former 
     employer) of the taxpayer or the taxpayer's spouse.

       ``(III) Treatment of cafeteria plans.--For purposes of 
     subclause (I) or (II), the cost of coverage shall be treated 
     as paid or incurred by an employer to the extent the coverage 
     is in lieu of a right to receive cash or other qualified 
     benefits under a cafeteria plan (as defined in section 125(d) 
     of such Code).

       ``(ii) Coverage under medicare, medicaid, or schip.--Such 
     individual--

       ``(I) is entitled to benefits under part A of title XVIII 
     of the Social Security Act or is enrolled under part B of 
     such title; or
       ``(II) is enrolled in the program under title XIX or XXI of 
     such Act (other than under section 1928).

       ``(iii) Certain other coverage.--Such individual--

       ``(I) is enrolled in a health benefits plan under chapter 
     89 of title 5, United States Code;
       ``(II) is entitled to receive benefits under chapter 55 of 
     title 10, United States Code; or
       ``(III) is entitled to receive benefits under chapter 17 of 
     title 38, United States Code.

       ``(D) Group health plan.--The term `group health plan' has 
     the meaning given that term in section 2791(a) of the Public 
     Health Service Act (42 U.S.C. 300gg-91(a)), section 607(1) of 
     the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1167(1)), and section 5001(b)(1) of the Internal 
     Revenue Code of 1986.
       ``(E) Health insurance coverage.--Except to the extent 
     provided by the Secretary, the term `health insurance 
     coverage' has the meaning given that term in section 
     2791(b)(1) of the Public Health Service Act (42 U.S.C. 300gg-
     91(b)(1)) (other than insurance if substantially all of its 
     coverage is of excepted benefits described in section 2791(c) 
     of such Act (42 U.S.C. 300gg-91(c)) or provided under a 
     flexible spending arrangement, as determined under section 
     106(c) of the Internal Revenue Code of 1986.
       ``(F) Individual health insurance coverage.--The term 
     `individual health insurance coverage' means health insurance 
     coverage offered to individuals other than in connection with 
     a group health plan. Such term does not include Federal- or 
     State-based health insurance coverage.
       ``(G) Qualified state high risk pool.--The term `qualified 
     State high risk pool' has the meaning given that term in 
     section 2744(c)(2) of the Public Health Service Act (42 
     U.S.C. 300gg-44(c)(2)).
       ``(H) Standard loss ratio.--The term `standard loss ratio', 
     with respect to the pool of insured individuals under 
     coverage described in clauses (ii) through (viii) of 
     subparagraph (A) for a year, means--
       ``(i) the amount of claims incurred with respect to the 
     pool of insured individuals in each such type of coverage for 
     such year; divided by
       ``(ii) the premiums paid for enrollment in each such 
     coverage for such year.
       ``(g) Interim Health Insurance Coverage and Other 
     Assistance.--
       ``(1) In general.--Funds made available to a State under 
     paragraph (4)(B) of subsection (a) may be used by the State 
     to provide assistance and support services to eligible 
     workers, including health care coverage, transportation, 
     child care, dependent care, and income assistance.
       ``(2) Income support.--With respect to any income 
     assistance provided to an eligible worker with such funds, 
     such assistance shall supplement and not supplant other 
     income support or assistance provided under chapter 2 of 
     title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) 
     (as in effect on the day before the effective date of the 
     Trade Adjustment Assistance Reform Act of 2002) or the 
     unemployment compensation laws of the State where the 
     eligible worker resides.
       ``(3) Health insurance coverage.--With respect to any 
     assistance provided to an eligible worker with such funds in 
     enrolling in health insurance coverage or coverage under a 
     group health plan, the following rules shall apply:

[[Page S4643]]

       ``(A) The State may provide assistance in obtaining such 
     coverage to the eligible worker and to the eligible worker's 
     spouse and dependents.
       ``(B) Such assistance shall supplement and may not supplant 
     any other State or local funds used to provide health care 
     coverage and may not be included in determining the amount of 
     non-Federal contributions required under any program.
       ``(4) Availability of funds.--
       ``(A) Expedited procedures.--With respect to applications 
     submitted by States for grants under this subsection, the 
     Secretary shall--
       ``(i) not later than 15 days after the date on which the 
     Secretary receives a completed application from a State, 
     notify the State of the determination of the Secretary with 
     respect to the approval or disapproval of such application;
       ``(ii) in the case of a State application that is 
     disapproved by the Secretary, provide technical assistance, 
     at the request of the State, in a timely manner to enable the 
     State to submit an approved application; and
       ``(iii) develop procedures to expedite the provision of 
     funds to States with approved applications.
       ``(B) Availability and distribution of funds.--The 
     Secretary shall ensure that funds made available under 
     section 174(c)(1)(B) to carry out subsection (a)(4)(B) are 
     available to States throughout the period described in 
     section 174(c)(2)(B).
       ``(5) Definition of eligible worker.--In this subsection, 
     the term `eligible worker' means an individual who is a 
     member of a group of workers certified after April 1, 2002, 
     under chapter 2 of title II of the Trade Act of 1974 (as in 
     effect on the day before the effective date of the Trade 
     Adjustment Assistance Reform Act of 2002) and who would be 
     determined to be participating in the trade adjustment 
     allowance program under such chapter (as so in effect) if 
     such chapter were applied without regard to section 
     231(a)(3)(B) of the Trade Act of 1974 (as so in effect).''.
       (c) Appropriations.--Section 174 of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2919) is amended by adding 
     at the end the following:
       ``(c) Assistance for Eligible Workers.--
       ``(1) In general.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated--
       ``(A) to carry out subsection (a)(4)(A) of section 173--
       ``(i) $10,000,000 for fiscal year 2002; and
       ``(ii) $60,000,000 for each of fiscal years 2003 through 
     2007; and
       ``(B) to carry out subsection (a)(4)(B) of section 173--
       ``(i) $50,000,000 for fiscal year 2002;
       ``(ii) $100,000,000 for fiscal year 2003; and
       ``(iii) $50,000,000 for fiscal year 2004.
       ``(2) Availability of funds.--Funds appropriated under--
       ``(A) paragraph (1)(A) for each fiscal year shall, 
     notwithstanding section 189(g), remain available for 
     obligation during the pendency of any outstanding claim under 
     the Trade Act of 1974, as amended by the Trade Adjustment 
     Assistance Reform Act of 2002; and
       ``(B) paragraph (1)(B), for each fiscal year shall, 
     notwithstanding section 189(g), remain available during the 
     period that begins on the date of enactment of the Trade 
     Adjustment Assistance Reform Act of 2002 and ends on 
     September 30, 2004.''.
       (d) Conforming Amendment.--Section 132(a)(2)(A) of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2862(a)(2)(A)) is 
     amended by inserting ``, other than under subsection (a)(4), 
     (f), and (g)'' after ``grants''.
       (e) Temporary Extension of COBRA Election Period for 
     Certain Individuals.--
       (1) In general.--Notwithstanding any other provision of 
     law, the election period for COBRA continuation coverage (as 
     defined in section 6429(d)(3)(A) of the Internal Revenue Code 
     of 1986) with respect to any eligible individual (as defined 
     in section 6429(c) of such Code) for whom such period has 
     expired as of the date of the enactment of this Act, shall 
     not end before the date that is 60 days after the date the 
     individual becomes such an eligible individual.
       (2) Preexisting conditions.--If an individual becomes such 
     an eligible individual, any period before the date of such 
     eligibility shall be disregarded for purposes of determining 
     the 63-day periods referred to in section 701(c)(2) of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1181(c)(2)), section 2701(c)(2) of the Public Health Service 
     Act (42 U.S.C. 300gg(c)(2)), and section 9801(c)(2) of the 
     Internal Revenue Code of 1986.
                                  ____

  SA 3518. Mr. BAUCUS (for himself, and Mr. Grassley) 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:

       Beginning on page 135, line 9, strike all through page 164, 
     line 16, and insert the following:

 TITLE VI--HEALTH CARE COVERAGE OPTIONS FOR WORKERS ELIGIBLE FOR TRADE 
                         ADJUSTMENT ASSISTANCE

     SEC. 601. TRADE ADJUSTMENT ASSISTANCE HEALTH INSURANCE 
                   CREDIT.

       (a) In General.--Subchapter B of chapter 65 of the Internal 
     Revenue Code of 1986 (relating to abatements, credits, and 
     refunds) is amended by inserting after section 6428 the 
     following new section:

     ``SEC. 6429. TRADE ADJUSTMENT ASSISTANCE HEALTH INSURANCE 
                   CREDIT.

       ``(a) In General.--In the case of an individual, there 
     shall be allowed as a credit against the tax imposed by 
     subtitle A an amount equal to 70 percent of the amount paid 
     by the taxpayer during the taxable year for coverage for the 
     taxpayer, the taxpayer's spouse, and dependents of the 
     taxpayer under qualified health insurance during eligible 
     coverage months.
       ``(b) Eligible Coverage Month.--For purposes of this 
     section--
       ``(1) In general.--The term `eligible coverage month' means 
     any month if, as of the first day of such month--
       ``(A) the taxpayer is an eligible individual,
       ``(B) the taxpayer is covered by qualified health 
     insurance,
       ``(C) the premium for coverage under such insurance for 
     such month is paid by the taxpayer, and
       ``(D) the taxpayer does not have other specified coverage.
       ``(2) Special rules.--
       ``(A) Joint returns.--In the case of a joint return, the 
     requirements of paragraph (1) shall be treated as met if at 
     least 1 spouse satisfies such requirements.
       ``(B) Exclusion of months in which individual is 
     imprisoned.--Such term shall not include any month with 
     respect to an individual if, as of the first day of such 
     month, such individual is imprisoned under Federal, State, or 
     local authority.
       ``(3) Other specified coverage.--For purposes of this 
     subsection, an individual has other specified coverage for 
     any month if, as of the first day of such month--
       ``(A) Subsidized coverage.--
       ``(i) For taa program individuals.--In the case of an 
     individual described in subsection (c)(1), such individual is 
     covered under any qualified health insurance (other than 
     insurance described in subparagraph (A), (B), or (F) of 
     subsection (d)(1)) under which at least 50 percent of the 
     cost of coverage (determined under section 4980B(f)(4)) is 
     paid or incurred by an employer (or former employer) of the 
     taxpayer or the taxpayer's spouse.
       ``(ii) For wage insurance program individuals.--In the case 
     of an individual described in subsection (c)(2), such 
     individual is either--

       ``(I) eligible for coverage under any qualified health 
     insurance (other than insurance described in subparagraph 
     (A), (B), or (F) of subsection (d)(1)) under which at least 
     50 percent of the cost of coverage (determined under section 
     4980B(f)(4)) is paid or incurred by an employer (or former 
     employer) of the taxpayer or the taxpayer's spouse, or
       ``(II) covered under any such qualified health insurance 
     under which any portion of the cost of coverage (as so 
     determined) is paid or incurred by an employer (or former 
     employer) of the taxpayer or the taxpayer's spouse.

       ``(iii) Treatment of cafeteria plans.--For purposes of 
     clause (i) or (ii), the cost of coverage shall be treated as 
     paid or incurred by an employer to the extent the coverage is 
     in lieu of a right to receive cash or other qualified 
     benefits under a cafeteria plan (as defined in section 
     125(d)).
       ``(B) Coverage under medicare, medicaid, or schip.--Such 
     individual--
       ``(i) is entitled to benefits under part A of title XVIII 
     of the Social Security Act or is enrolled under part B of 
     such title, or
       ``(ii) is enrolled in the program under title XIX or XXI of 
     such Act (other than under section 1928).
       ``(C) Certain other coverage.--Such individual--
       ``(i) is enrolled in a health benefits plan under chapter 
     89 of title 5, United States Code,
       ``(ii) is entitled to receive benefits under chapter 55 of 
     title 10, United States Code, or
       ``(iii) is entitled to receive benefits under chapter 17 of 
     title 38, United States Code.
       ``(c) Eligible Individual.--For purposes of this section, 
     the term `eligible individual' means an individual who--
       ``(1) is participating in the trade adjustment allowance 
     program under section 235 of the Trade Act of 1974, as 
     amended by section 111 of the Trade Adjustment Assistance 
     Reform Act of 2002, or would be eligible to participate in 
     such program if section 235 (as so amended) were applied 
     without regard to subsection (a)(3)(B) thereof; or
       ``(2) is participating in the wage insurance program under 
     section 243(b) of such Act (as so amended).
       ``(d) Qualified Health Insurance.--
       ``(1) In general.--For purposes of this section, subject to 
     paragraph (2), the term `qualified health insurance' means 
     health insurance coverage or coverage under a group health 
     plan through--
       ``(A) COBRA continuation coverage,
       ``(B) continuation coverage under a similar State program,
       ``(C) the enrollment of the eligible worker and the 
     eligible worker's spouse and dependents in health insurance 
     coverage offered through a qualified State high risk pool or 
     other comparable State-based health insurance coverage 
     alternative,
       ``(D) the enrollment of the eligible worker and the 
     eligible worker's spouse and dependents in the health 
     insurance program offered for State employees,

[[Page S4644]]

       ``(E) the enrollment of the eligible worker and the 
     eligible worker's spouse and dependents in a State-based 
     health insurance program that is comparable to the health 
     insurance program offered for State employees,
       ``(F) a direct payment arrangement entered into by the 
     State and a group health plan (including a multiemployer plan 
     as defined in section 414(f)), an issuer of health insurance 
     coverage, an administrator of health insurance coverage or a 
     group health plan, or an employer, as appropriate, on behalf 
     of the eligible worker and the eligible worker's spouse and 
     dependents,
       ``(G) the enrollment of the eligible worker and the 
     eligible worker's spouse and dependents in a State-operated 
     health plan that does not receive any Federal financial 
     participation,
       ``(H) the enrollment of the eligible worker and the 
     eligible worker's spouse and dependents in health insurance 
     coverage offered through a State arrangement with a private 
     sector health care coverage purchasing pool,
       ``(I) in the case of an eligible worker who was enrolled in 
     individual health insurance coverage during the 6-month 
     period that ends on the date on which the worker became 
     unemployed, enrollment in such individual health insurance 
     coverage, or
       ``(J) enrollment of the eligible worker and the eligible 
     worker's spouse and dependents in coverage under a group 
     health plan that is available through the employment of the 
     worker's spouse and is not described in subsection 
     (b)(3)(A)(i).
       ``(2) Requirements.--Health insurance coverage or coverage 
     under a group health plan shall not be treated as being 
     described in any of subparagraphs (B) through (H) of 
     paragraph (1) unless, with respect to such coverage provided 
     to eligible workers and the eligible worker's spouse or 
     dependents--
       ``(A) enrollment is guaranteed for workers who provide a 
     qualified health insurance credit eligibility certificate 
     described in section 7527 and who pay the remainder of the 
     premium for such enrollment,
       ``(B) no pre-existing condition limitations are imposed 
     with respect to such eligible workers,
       ``(C) the worker is not required (as a condition of 
     enrollment or continued enrollment under the coverage) to pay 
     a premium or contribution that is greater than the premium or 
     contribution for an individual who is not an eligible worker 
     who has comparable coverage,
       ``(D) benefits under the coverage are the same as (or 
     substantially similar to) the benefits provided to 
     individuals who are not eligible workers who have comparable 
     coverage,
       ``(E) the standard loss ratio for the coverage is not less 
     than 65 percent,
       ``(F) in the case of coverage provided under paragraph 
     (1)(E), the premiums and benefits are comparable to the 
     premiums and benefits applicable to State employees, and
       ``(G) such coverage otherwise meets requirements 
     established by the Secretary.
       ``(3) Definitions.--For purposes of this section:
       ``(A) Cobra continuation coverage.--The term `COBRA 
     continuation coverage' means coverage under a group health 
     plan provided by an employer pursuant to section 4980B.
       ``(B) Group health plan.--The term `group health plan' has 
     the meaning given such term by section 5001(b)(1).
       ``(C) Health insurance coverage.--Except to the extent 
     provided by the Secretary, the term `health insurance 
     coverage' has the meaning given such term by section 
     9832(b)(1) (other than insurance if substantially all of its 
     coverage is of excepted benefits described in section 9832(c) 
     or provided under a flexible spending arrangement, as 
     determined under section 106(c).
       ``(D) Individual health insurance coverage.--The term 
     `individual health insurance coverage' means health insurance 
     coverage offered to individuals other than in connection with 
     a group health plan. Such term does not include Federal- or 
     State-based health insurance coverage.
       ``(E) Qualified state high risk pool.--The term `qualified 
     State high risk pool' has the meaning given that term in 
     section 2744(c)(2) of the Public Health Service Act (42 
     U.S.C. 300gg-44(c)(2)).
       ``(F) Standard loss ratio.--The term `standard loss ratio', 
     with respect to the pool of insured individuals under 
     coverage described in subparagraph (B) through (H) of 
     paragraph (1) for a year, means--
       ``(i) the amount of claims incurred with respect to the 
     pool of insured individuals in each such type of coverage for 
     such year; divided by
       ``(ii) the premiums paid for enrollment in each such 
     coverage for such year.
       ``(e) Coordination With Advance Payments of Credit.--
       ``(1) Recapture of excess advance payments.--If any payment 
     is made by the Secretary under section 7527 during any 
     calendar year to a provider of qualified health insurance for 
     an individual, then the tax imposed by this chapter for the 
     individual's last taxable year beginning in such calendar 
     year shall be increased by the aggregate amount of such 
     payments.
       ``(2) Reconciliation of payments advanced and credit 
     allowed.--Any increase in tax under paragraph (1) shall not 
     be treated as tax imposed by this chapter for purposes of 
     determining the amount of any credit (other than the credit 
     allowed by subsection (a)) allowable under part IV of 
     subchapter A of chapter 1.
       ``(f) Special Rules.--
       ``(1) Coordination with other deductions.--Amounts taken 
     into account under subsection (a) shall not be taken into 
     account in determining any deduction allowed under section 
     162(l) or 213.
       ``(2) MSA distributions.--Amounts distributed from an 
     Archer MSA (as defined in section 220(d)) shall not be taken 
     into account under subsection (a).
       ``(3) Denial of credit to dependents.--No credit shall be 
     allowed under this section to any individual with respect to 
     whom a deduction under section 151 is allowable to another 
     taxpayer for a taxable year beginning in the calendar year in 
     which such individual's taxable year begins.
       ``(4) Credit treated as refundable credit.--For purposes of 
     this title, the credit allowed under this section shall be 
     treated as a credit allowable under subpart C of part IV of 
     subchapter A of chapter 1.
       ``(5) Expenses must be substantiated.--A payment for 
     qualified health insurance to which subsection (a) applies 
     may be taken into account under this section only if the 
     taxpayer substantiates such payment in such form as the 
     Secretary may prescribe.''.
       (b) Information Reporting.--
       (1) In general.--Subpart B of part III of subchapter A of 
     chapter 61 of the Internal Revenue Code of 1986 (relating to 
     information concerning transactions with other persons) is 
     amended by inserting after section 6050S the following new 
     section:

     ``SEC. 6050T. RETURNS RELATING TO TRADE ADJUSTMENT ASSISTANCE 
                   HEALTH INSURANCE CREDIT.

       ``(a) Requirement of Reporting.--Every person--
       ``(1) who, in connection with a trade or business conducted 
     by such person, receives payments during any calendar year 
     from any individual for coverage of such individual or any 
     other individual under qualified health insurance (as defined 
     in section 6429(d)), and
       ``(2) who claims a reimbursement for an advance credit 
     amount,
     shall, at such time as the Secretary may prescribe, make the 
     return described in subsection (b) with respect to each 
     individual from whom such payments were received or for whom 
     such a reimbursement is claimed.
       ``(b) Form and Manner of Returns.--A return is described in 
     this subsection if such return--
       ``(1) is in such form as the Secretary may prescribe, and
       ``(2) contains--
       ``(A) the name, address, and TIN of each individual 
     referred to in subsection (a),
       ``(B) the aggregate of the advance credit amounts provided 
     to such individual and for which reimbursement is claimed,
       ``(C) the number of months for which such advance credit 
     amounts are so provided, and
       ``(D) such other information as the Secretary may 
     prescribe.
       ``(c) Statements To Be Furnished to Individuals With 
     Respect to Whom Information Is Required.--Every person 
     required to make a return under subsection (a) shall furnish 
     to each individual whose name is required to be set forth in 
     such return a written statement showing--
       ``(1) the name and address of the person required to make 
     such return and the phone number of the information contact 
     for such person, and
       ``(2) the information required to be shown on the return 
     with respect to such individual.
     The written statement required under the preceding sentence 
     shall be furnished on or before January 31 of the year 
     following the calendar year for which the return under 
     subsection (a) is required to be made.
       ``(d) Advance Credit Amount.--For purposes of this section, 
     the term `advance credit amount' means an amount for which 
     the person can claim a reimbursement pursuant to a program 
     established by the Secretary under section 7527.''.
       (2) Assessable penalties.--
       (A) Subparagraph (B) of section 6724(d)(1) of such Code 
     (relating to definitions) is amended by redesignating clauses 
     (xi) through (xvii) as clauses (xii) through (xviii), 
     respectively, and by inserting after clause (x) the following 
     new clause:
       ``(xi) section 6050T (relating to returns relating to trade 
     adjustment assistance health insurance credit),''.
       (B) Paragraph (2) of section 6724(d) of such Code is 
     amended by striking ``or'' at the end of subparagraph (Z), by 
     striking the period at the end of subparagraph (AA) and 
     inserting ``, or'', and by adding after subparagraph (AA) the 
     following new subparagraph:
       ``(BB) section 6050T (relating to returns relating to trade 
     adjustment assistance health insurance credit).''.
       (3) Clerical amendment.--The table of sections for subpart 
     B of part III of subchapter A of chapter 61 of such Code is 
     amended by inserting after the item relating to section 6050S 
     the following new item:

``Sec. 6050T. Returns relating to trade adjustment assistance health 
              insurance credit.''.

       (c) Criminal Penalty for Fraud.--
       (1) In general.--Subchapter B of chapter 75 of the Internal 
     Revenue Code of 1986 (relating to other offenses) is amended 
     by adding at the end the following:

     ``SEC. 7276. PENALTIES FOR OFFENSES RELATING TO TRADE 
                   ADJUSTMENT ASSISTANCE HEALTH INSURANCE CREDIT.

       ``Any person who knowingly misuses Department of the 
     Treasury names, symbols,

[[Page S4645]]

     titles, or initials to convey the false impression of 
     association with, or approval or endorsement by, the 
     Department of the Treasury of any insurance products or group 
     health coverage in connection with the credit for trade 
     adjustment assistance health insurance under section 6429 
     shall on conviction thereof be fined not more than $10,000, 
     or imprisoned not more than 1 year, or both.''.
       (2) The table of sections for subchapter B of chapter 75 of 
     such Code is amended by adding at the end the following:

``Sec. 7276. Penalties for offenses relating to trade adjustment 
              assistance health insurance credit.''.

       (d) Conforming Amendments.--
       (1) Paragraph (2) of section 1324(b) of title 31, United 
     States Code, is amended by inserting before the period ``, or 
     from section 6429 of such Code''.
       (2) The table of sections for subchapter B of chapter 65 of 
     the Internal Revenue Code of 1986 is amended by adding at the 
     end the following new item:

``Sec. 6429. Trade adjustment assistance health insurance credit.''.

       (e) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to taxable years 
     beginning after December 31, 2001, without regard to whether 
     final regulations to carry out such amendments have been 
     promulgated by such date.
       (2) Penalties.--The amendments made by subsection (c) shall 
     take effect on the date of the enactment of this Act.

     SEC. 602. ADVANCE PAYMENT OF TRADE ADJUSTMENT ASSISTANCE 
                   HEALTH INSURANCE CREDIT.

       (a) In General.--Chapter 77 of the Internal Revenue Code of 
     1986 (relating to miscellaneous provisions) is amended by 
     adding at the end the following new section:

     ``SEC. 7527. ADVANCE PAYMENT OF TRADE ADJUSTMENT ASSISTANCE 
                   HEALTH INSURANCE CREDIT.

       ``(a) General Rule.--The Secretary shall establish a 
     program for making payments on behalf of eligible individuals 
     (as defined in section 6429(c)) to providers of health 
     insurance for such individuals for whom a qualified health 
     insurance credit eligibility certificate is in effect.
       ``(b) Qualified Health Insurance Credit Eligibility 
     Certificate.--For purposes of this section, except as 
     provided by the Secretary, a qualified health insurance 
     credit eligibility certificate is a statement certified by a 
     designated local agency (as defined in section 51(d)(11)) (or 
     by any other entity designated by the Secretary) which--
       ``(1) certifies that the individual was an eligible 
     individual (as defined in section 6429(c)) as of the first 
     day of any month, and
       ``(2) provides such other information as the Secretary may 
     require for purposes of this section.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     77 of the Internal Revenue Code of 1986 is amended by adding 
     at the end the following new item:

``Sec. 7527. Advance payment of trade adjustment assistance health 
              insurance credit.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     without regard to whether final regulations to carry out such 
     amendments have been promulgated by such date.

     SEC. 603. HEALTH INSURANCE COVERAGE FOR ELIGIBLE INDIVIDUALS.

       (a) Eligibility for Grants.--Section 173(a) of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2918(a)) is 
     amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3) by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(4) from funds appropriated under section 174(c)--
       ``(A) to a State to provide the assistance described in 
     subsection (f) to any eligible worker (as defined in 
     subsection (f)(4)(B)); and
       ``(B) to a State to provide the assistance described in 
     subsection (g) to any eligible worker (as defined in 
     subsection (g)(5)).''.
       (b) Use of Funds for Health Insurance Coverage.--Section 
     173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918) 
     is amended by adding at the end the following:
       ``(f) Health Insurance Coverage Assistance for Eligible 
     Workers.--
       ``(1) In general.--Funds made available to a State under 
     paragraph (4)(A) of subsection (a) may be used by the State 
     for the following:
       ``(A) Health insurance coverage.--To assist an eligible 
     worker (as defined in paragraph (4)(B)) in enrolling in 
     health insurance coverage or coverage under a group health 
     plan through--
       ``(i) COBRA continuation coverage;
       ``(ii) continuation coverage under a similar State program;
       ``(iii) the enrollment of the eligible worker and the 
     eligible worker's spouse and dependents in health insurance 
     coverage offered through a qualified State high risk pool or 
     other comparable State-based health insurance coverage 
     alternative;
       ``(iv) the enrollment of the eligible worker and the 
     eligible worker's spouse and dependents in the health 
     insurance program offered for State employees;
       ``(v) the enrollment of the eligible worker and the 
     eligible worker's spouse and dependents in a State-based 
     health insurance program that is comparable to the health 
     insurance program offered for State employees;
       ``(vi) a direct payment arrangement entered into by the 
     State and a group health plan (including a multiemployer plan 
     as defined in section 3(37) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1002(37))), an issuer of 
     health insurance coverage, an administrator of health 
     insurance coverage or a group health plan, or an employer, as 
     appropriate, on behalf of the eligible worker and the 
     eligible worker's spouse and dependents;
       ``(vii) the enrollment of the eligible worker and the 
     eligible worker's spouse and dependents in a State-operated 
     health plan that does not receive any Federal financial 
     participation;
       ``(viii) the enrollment of the eligible worker and the 
     eligible worker's spouse and dependents in health insurance 
     coverage offered through a State arrangement with a private 
     sector health care coverage purchasing pool;
       ``(ix) in the case of an eligible worker who was enrolled 
     in individual health insurance coverage during the 6-month 
     period that ends on the date on which the worker became 
     unemployed, enrollment in such individual health insurance 
     coverage; or
       ``(x) enrollment of the eligible worker and the eligible 
     worker's spouse and dependents in coverage under a group 
     health plan that is available through the employment of the 
     worker's spouse and is not described in paragraph 
     (4)(C)(i)(I).
       ``(B) Establishment of health insurance coverage 
     mechanisms.--To establish or administer--
       ``(i) a qualified State high risk pool for the purpose of 
     providing health insurance coverage to an eligible worker and 
     the eligible worker's spouse and dependents;
       ``(ii) a State-based program for the purpose of providing 
     health insurance coverage to an eligible worker and the 
     eligible worker's spouse and dependents that is comparable to 
     the State health insurance program for State employees; or
       ``(iii) a program under which the State enters into 
     arrangements described in subparagraph (A)(vi).
       ``(C) Administrative expenses.--To pay the administrative 
     expenses related to the enrollment of eligible workers and 
     the eligible workers spouses and dependents in health 
     insurance coverage or coverage under a group health plan 
     described in subparagraph (A), including--
       ``(i) eligibility verification activities;
       ``(ii) the notification of eligible workers of available 
     health insurance coverage options;
       ``(iii) processing qualified health insurance credit 
     eligibility certificates provided for under section 7527 of 
     the Internal Revenue Code of 1986;
       ``(iv) providing assistance to eligible workers in 
     enrolling in health insurance coverage;
       ``(v) the development or installation of necessary data 
     management systems; and
       ``(vi) any other expenses determined appropriate by the 
     Secretary.
       ``(2) Requirements.--With respect to health insurance 
     coverage or coverage under a group health plan provided to 
     eligible workers under any of clauses (ii) through (viii) of 
     paragraph (1)(A), the State shall ensure that--
       ``(A) enrollment is guaranteed for workers who provide a 
     qualified health insurance credit eligibility certificate 
     described in section 7527 of the Internal Revenue Code of 
     1986 and who pay the remainder of the premium for such 
     enrollment;
       ``(B) no pre-existing condition limitations are imposed 
     with respect to such eligible workers;
       ``(C) the worker is not required (as a condition of 
     enrollment or continued enrollment under the coverage) to pay 
     a premium or contribution that is greater than the premium or 
     contribution for a individual who is not an eligible worker 
     who has comparable coverage;
       ``(D) benefits under the coverage are the same as (or 
     substantially similar to) the benefits provided to 
     individuals who are not eligible workers who have comparable 
     coverage;
       ``(E) the standard loss ratio for the coverage is not less 
     than 65 percent;
       ``(F) in the case of coverage provided under paragraph 
     (1)(A)(v), the premiums and benefits are comparable to the 
     premiums and benefits applicable to State employees; and
       ``(G) such coverage otherwise meets requirements 
     established by the Secretary.
       ``(3) Availability of funds.--
       ``(A) Expedited procedures.--With respect to applications 
     submitted by States for grants under this subsection, the 
     Secretary shall--
       ``(i) not later than 15 days after the date on which the 
     Secretary receives a completed application from a State, 
     notify the State of the determination of the Secretary with 
     respect to the approval or disapproval of such application;
       ``(ii) in the case of a State application that is 
     disapproved by the Secretary, provide technical assistance, 
     at the request of the State, in a timely manner to enable the 
     State to submit an approved application; and
       ``(iii) develop procedures to expedite the provision of 
     funds to States with approved applications.
       ``(B) Availability and distribution of funds.--The 
     Secretary shall ensure that funds made available under 
     section 174(c)(1)(A) to carry out subsection (a)(4)(A)

[[Page S4646]]

     are available to States throughout the period described in 
     section 174(c)(2)(A).
       ``(4) Definitions.--For purposes of this subsection:
       ``(A) Cobra continuation coverage.--The term `COBRA 
     continuation coverage' means coverage under a group health 
     plan provided by an employer pursuant to title XXII of the 
     Public Health Service Act, section 4980B of the Internal 
     Revenue Code of 1986, part 6 of subtitle B of title I of the 
     Employee Retirement Income Security Act of 1974, or section 
     8905a of title 5, United States Code.
       ``(B) Eligible worker.--The term `eligible worker' means an 
     individual who--
       ``(i) is--

       ``(I) participating in the trade adjustment allowance 
     program under section 235 of the Trade Act of 1974, as 
     amended by section 111 of the Trade Adjustment Assistance 
     Reform Act of 2002, or would be eligible to participate in 
     such program if section 235 (as so amended) were applied 
     without regard to subsection (a)(3)(B) thereof; or
       ``(II) participating in the wage insurance program under 
     section 243(b) of such Act (as so amended);

       ``(ii) does not have other specified coverage; and
       ``(iii) is not imprisoned under Federal, State, or local 
     authority.
       ``(C) Other specified coverage.--With respect to any 
     individual, the term `other specified coverage' means--
       ``(i) Subsidized coverage.--

       ``(I) For taa program individuals.--In the case of an 
     individual described in subparagraph (B)(i)(I), such 
     individual is covered under any qualified health insurance 
     (other than insurance described in clause (i), (ii), or (vi) 
     of paragraph (1)(A)) under which at least 50 percent of the 
     cost of coverage (determined under section 4980B(f)(4) of the 
     Internal Revenue Code of 1986) is paid or incurred by an 
     employer (or former employer) of the taxpayer or the 
     taxpayer's spouse.
       ``(II) For wage insurance program individuals.--In the case 
     of an individual described in subparagraph (B)(i)(II), such 
     individual is either--

       ``(aa) eligible for coverage under any qualified health 
     insurance (other than insurance described in clause (i), 
     (ii), or (vi) of paragraph (1)(A)) under which at least 50 
     percent of the cost of coverage (determined under section 
     4980B(f)(4) of such Code) is paid or incurred by an employer 
     (or former employer) of the taxpayer or the taxpayer's 
     spouse; or
       ``(bb) covered under any such qualified health insurance 
     under which any portion of the cost of coverage (as so 
     determined) is paid or incurred by an employer (or former 
     employer) of the taxpayer or the taxpayer's spouse.

       ``(III) Treatment of cafeteria plans.--For purposes of 
     subclause (I) or (II), the cost of coverage shall be treated 
     as paid or incurred by an employer to the extent the coverage 
     is in lieu of a right to receive cash or other qualified 
     benefits under a cafeteria plan (as defined in section 125(d) 
     of such Code).

       ``(ii) Coverage under medicare, medicaid, or schip.--Such 
     individual--

       ``(I) is entitled to benefits under part A of title XVIII 
     of the Social Security Act or is enrolled under part B of 
     such title; or
       ``(II) is enrolled in the program under title XIX or XXI of 
     such Act (other than under section 1928).

       ``(iii) Certain other coverage.--Such individual--

       ``(I) is enrolled in a health benefits plan under chapter 
     89 of title 5, United States Code;
       ``(II) is entitled to receive benefits under chapter 55 of 
     title 10, United States Code; or
       ``(III) is entitled to receive benefits under chapter 17 of 
     title 38, United States Code.

       ``(D) Group health plan.--The term `group health plan' has 
     the meaning given that term in section 2791(a) of the Public 
     Health Service Act (42 U.S.C. 300gg-91(a)), section 607(1) of 
     the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1167(1)), and section 5001(b)(1) of the Internal 
     Revenue Code of 1986.
       ``(E) Health insurance coverage.--Except to the extent 
     provided by the Secretary, the term `health insurance 
     coverage' has the meaning given that term in section 
     2791(b)(1) of the Public Health Service Act (42 U.S.C. 300gg-
     91(b)(1)) (other than insurance if substantially all of its 
     coverage is of excepted benefits described in section 2791(c) 
     of such Act (42 U.S.C. 300gg-91(c)) or provided under a 
     flexible spending arrangement, as determined under section 
     106(c) of the Internal Revenue Code of 1986.
       ``(F) Individual health insurance coverage.--The term 
     `individual health insurance coverage' means health insurance 
     coverage offered to individuals other than in connection with 
     a group health plan. Such term does not include Federal- or 
     State-based health insurance coverage.
       ``(G) Qualified state high risk pool.--The term `qualified 
     State high risk pool' has the meaning given that term in 
     section 2744(c)(2) of the Public Health Service Act (42 
     U.S.C. 300gg-44(c)(2)).
       ``(H) Standard loss ratio.--The term `standard loss ratio', 
     with respect to the pool of insured individuals under 
     coverage described in clauses (ii) through (viii) of 
     subparagraph (A) for a year, means--
       ``(i) the amount of claims incurred with respect to the 
     pool of insured individuals in each such type of coverage for 
     such year; divided by
       ``(ii) the premiums paid for enrollment in each such 
     coverage for such year.
       ``(g) Interim Health Insurance Coverage and Other 
     Assistance.--
       ``(1) In general.--Funds made available to a State under 
     paragraph (4)(B) of subsection (a) may be used by the State 
     to provide assistance and support services to eligible 
     workers, including health care coverage, transportation, 
     child care, dependent care, and income assistance.
       ``(2) Income support.--With respect to any income 
     assistance provided to an eligible worker with such funds, 
     such assistance shall supplement and not supplant other 
     income support or assistance provided under chapter 2 of 
     title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) 
     (as in effect on the day before the effective date of the 
     Trade Adjustment Assistance Reform Act of 2002) or the 
     unemployment compensation laws of the State where the 
     eligible worker resides.
       ``(3) Health insurance coverage.--With respect to any 
     assistance provided to an eligible worker with such funds in 
     enrolling in health insurance coverage or coverage under a 
     group health plan, the following rules shall apply:
       ``(A) The State may provide assistance in obtaining such 
     coverage to the eligible worker and to the eligible worker's 
     spouse and dependents.
       ``(B) Such assistance shall supplement and may not supplant 
     any other State or local funds used to provide health care 
     coverage and may not be included in determining the amount of 
     non-Federal contributions required under any program.
       ``(4) Availability of funds.--
       ``(A) Expedited procedures.--With respect to applications 
     submitted by States for grants under this subsection, the 
     Secretary shall--
       ``(i) not later than 15 days after the date on which the 
     Secretary receives a completed application from a State, 
     notify the State of the determination of the Secretary with 
     respect to the approval or disapproval of such application;
       ``(ii) in the case of a State application that is 
     disapproved by the Secretary, provide technical assistance, 
     at the request of the State, in a timely manner to enable the 
     State to submit an approved application; and
       ``(iii) develop procedures to expedite the provision of 
     funds to States with approved applications.
       ``(B) Availability and distribution of funds.--The 
     Secretary shall ensure that funds made available under 
     section 174(c)(1)(B) to carry out subsection (a)(4)(B) are 
     available to States throughout the period described in 
     section 174(c)(2)(B).
       ``(5) Definition of eligible worker.--In this subsection, 
     the term `eligible worker' means an individual who is a 
     member of a group of workers certified after April 1, 2002, 
     under chapter 2 of title II of the Trade Act of 1974 (as in 
     effect on the day before the effective date of the Trade 
     Adjustment Assistance Reform Act of 2002) and is 
     participating in the trade adjustment allowance program under 
     such chapter (as so in effect) or who would be determined to 
     be participating in such program under such chapter (as so in 
     effect) if such chapter were applied without regard to 
     section 231(a)(3)(B) of the Trade Act of 1974 (as so in 
     effect).''.
       (c) Appropriations.--Section 174 of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2919) is amended by adding 
     at the end the following:
       ``(c) Assistance for Eligible Workers.--
       ``(1) In general.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated--
       ``(A) to carry out subsection (a)(4)(A) of section 173--
       ``(i) $10,000,000 for fiscal year 2002; and
       ``(ii) $60,000,000 for each of fiscal years 2003 through 
     2007; and
       ``(B) to carry out subsection (a)(4)(B) of section 173--
       ``(i) $50,000,000 for fiscal year 2002;
       ``(ii) $100,000,000 for fiscal year 2003; and
       ``(iii) $50,000,000 for fiscal year 2004.
       ``(2) Availability of funds.--Funds appropriated under--
       ``(A) paragraph (1)(A) for each fiscal year shall, 
     notwithstanding section 189(g), remain available for 
     obligation during the pendency of any outstanding claim under 
     the Trade Act of 1974, as amended by the Trade Adjustment 
     Assistance Reform Act of 2002; and
       ``(B) paragraph (1)(B), for each fiscal year shall, 
     notwithstanding section 189(g), remain available during the 
     period that begins on the date of enactment of the Trade 
     Adjustment Assistance Reform Act of 2002 and ends on 
     September 30, 2004.''.
       (d) Conforming Amendment.--Section 132(a)(2)(A) of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2862(a)(2)(A)) is 
     amended by inserting ``, other than under subsection (a)(4), 
     (f), and (g)'' after ``grants''.
       (e) Temporary Extension of COBRA Election Period for 
     Certain Individuals.--
       (1) In general.--Notwithstanding any other provision of 
     law, the election period for COBRA continuation coverage (as 
     defined in section 6429(d)(3)(A) of the Internal Revenue Code 
     of 1986) with respect to any eligible individual (as defined 
     in section 6429(c) of such Code) for whom such period has 
     expired as of the date of the enactment of this Act, shall 
     not end before the date that is 60 days after the date the 
     individual becomes such an eligible individual.
       (2) Preexisting conditions.--If an individual becomes such 
     an eligible individual, any period before the date of such 
     eligibility

[[Page S4647]]

     shall be disregarded for purposes of determining the 63-day 
     periods referred to in section 701(c)(2) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 
     1181(c)(2)), section 2701(c)(2) of the Public Health Service 
     Act (42 U.S.C. 300gg(c)(2)), and section 9801(c)(2) of the 
     Internal Revenue Code of 1986.
                                  ____

  SA 3519. Mr. FEINGOLD (for himself and Mr. Corzine) submitted an 
amendment intended to be proposed by him to the bill H.R. 3009, to 
extend the Andean Trade Preference Act, to grant additional trade 
benefits under that act, and for other purposes, which was ordered to 
lie on the table; as follows:

       Strike all in the amendment, and insert in lieu thereof the 
     following:
       ``Notwithstanding any other provision of this Act, section 
     1143 of this Act shall not take effect.''
                                  ____

  SA 3520. Mr. FEINGOLD (for himself and Mr. Corzine) submitted an 
amendment intended to be proposed by him to the bill H.R. 3009, to 
extend the Andean Trade Preference Act, to grant additional trade 
benefits under that act, and for other purposes, which was ordered to 
lie on the table; as follows:

       At the end of the amendment, insert the following:
       ``Notwithstanding any other provision of this Act, section 
     1143 of this Act shall not take effect.''
                                  ____

  SA 3521. Mr. REID (for Mr. Jeffords) 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 the title relating to Customs 
     Reauthorization, insert the following:

     SEC. __. AUTHORIZATION OF APPROPRIATIONS FOR CUSTOMS 
                   STAFFING.

       There are authorized to be appropriated to the Department 
     of Treasury such sums as may be necessary to provide an 
     increase in the annual rate of basic pay--
       (1) for all journeyman Customs inspectors and Canine 
     Enforcement Officers who have completed at least one year's 
     service and are receiving an annual rate of basic pay for 
     positions at GS-9 of the General Schedule under section 5332 
     of title 5, United States Code, from the annual rate of basic 
     pay payable for positions at GS-9 of the General Schedule 
     under section 5332, to an annual rate of basic pay payable 
     for positions at GS-11 of the General Schedule under such 
     section 5332; and
       (2) for the support staff associated with the personnel 
     described in subparagraph (A), at the appropriate GS level of 
     the General Schedule under such section 5332.
                                  ____

  SA 3522. Mr. HOLLINGS submitted an amendment intended to be proposed 
by him to the bill H.R. 3009, to extend the Andean Trade Preference 
Act, to grant additional trade benefits under that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. ____. EXTRADITION REQUIREMENT.

       (a) In General.--The benefits provided under any 
     preferential tariff program authorized by this Act 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 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.).
       (b) Effective Date.--Subsection (a) shall take effect on 
     the day after the date of enactment of this Act.
                                  ____

  SA 3523. Mr. HOLLINGS submitted an amendment intended to be proposed 
by him to the bill H.R. 3009, to extend the Andean Trade Preference 
Act, to grant additional trade benefits under that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike all after the first word and insert the following:

     SEC.  . EXTRADITION REQUIREMENT.

       (a) In General.--The benefits provided under any 
     preferential tariff program authorized by this Act 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 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.).
       (b) Effective Date.--Subsection (a) shall take effect on 
     the day after the date of enactment of this Act.
                                  ____

  SA 3524. Mr. HOLLINGS submitted an amendment intended to be proposed 
by him to the bill H.R. 3009, to extend the Andean Trade Preference 
Act, to grant additional trade benefits under that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.  . EXTRADITION REQUIREMENT.

       (a) In General.--The benefits provided under any 
     preferential tariff program authorized by this Act 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 United States 
     if that individual has been indicated by a Federal grand jury 
     for a crime involving a violation of the Controlled 
     Substances Act (21 U.S.C. 101 et seq.).
       (b) Effective Date.--Subsection (a) shall take effect on 
     the day after the date of enactment of this Act.
                                  ____

  SA 3525. Mr. HOLLINGS submitted an amendment intended to be proposed 
by him to the bill H.R. 3009, to extend the Andean Trade Preference 
Act, to grant additional trade benefits under that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, 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) Effective Date.--This section takes effect on the day 
     after the date of enactment of this Act.
                                  ____

  SA 3526. Mr. HOLLINGS submitted an amendment intended to be proposed 
by him to the bill H.R. 3009, to extend the Andean Trade Preference 
Act, to grant additional trade benefits under that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike all after the first word and 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) Effective Date.--This section takes effect on the day 
     after the date of enactment of this Act.
                                  ____

  SA 3527. Mr. HOLLINGS submitted an amendment intended to be proposed 
by him to the bill H.R. 3009, to extend the Andean Trade Preference 
Act, to grant additional trade benefits under that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the 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) Effective Date.--This section takes effect on the day 
     after the date of enactment of this Act.
                                  ____

  SA 3528. Mr. HOLLINGS submitted an amendment intended to be proposed 
by him to the bill H.R. 3009, to extend the Andean Trade preference 
Act, to grant additional trade benefits under that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place add 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

[[Page S4648]]

     assistance under subchapter A of chapter 2 of title II of the 
     Trade Act of 1974 (19 U.S.C. 2271 et seq.).
       (b) Effective Date.--This section takes effect on the day 
     after the date of enactment of this Act.

     SEC.  . SENSE OF THE SENATE REGARDING PREVENTION OF CORPORATE 
                   EXPATRIATION TO AVOID UNITED STATES INCOME TAX.

       (a) In General.--It is the sense of the Senate that 
     paragraph (4) of section 7701(a) of the Internal Revenue Code 
     of 1986 (defining domestic) should be 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.--Sub-clause (II) of 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 (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 transactions shall be treated as 
     1 transaction, 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 
     affiliation group' means an affiliated group (as defined in 
     section 1504(a) without regard to section 1504(b)).''
       (b) Effective Dates.--It is further the sense of the Senate 
     that--
       (1) such an amendment should not apply to corporate 
     expatriation transactions completed after September 11, 2001;
       (2) such an amendment should 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; and
       (3) that any revenues attributable to such an amendment 
     should be used to pay for benefits for textile and apparel 
     workers 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.) under this Act.
                                  ____

  SA 3529. Mr. HOLLINGS submitted an amendment intended to be proposed 
by him to the bill H.R. 3009, to extend the Andean Trade Preference 
Act, to grant additional trade benefits under that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike all after the first word and 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) Effective Date.--This section takes effect on the day 
     after the date of enactment of this Act.

     SEC.  . SENSE OF THE SENATE REGARDING PREVENTION OF CORPORATE 
                   EXPATRIATION TO AVOID UNITED STATES INCOME TAX.

       (a) In General.--It is the sense of the Senate that 
     paragraph (4) of section 7701(a) of the Internal Revenue Code 
     of 1986 (defining domestic) should be 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) of 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 transactions shall be treated as 
     1 transaction, 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.--It is further the sense of the Senate 
     that--
       (1) such an amendment should apply to corporate 
     expatriation transactions completed after September 11, 2001;
       (2) such an amendment should 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; and
       (3) that any revenues attributable to such an amendment 
     should be used to pay for benefits for textile and apparel 
     workers 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.) under this Act.
                                  ____

  SA 3530. Mr. HOLLINGS submitted an amendment intended to be proposed 
by him to the bill H.R. 3009, to extend the Andean Trade Preference 
Act, to grant additional trade benefits under that Act, and for other 
purposes; while was ordered to lie on the table; as follows:

       In lieu of the matter proposed insert the following:

[[Page S4649]]

     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) Effective Date.--This section takes effect on the day 
     after the date of enactment of this Act.

     SEC.   . SENSE OF THE SENATE REGARDING PREVENTION OF 
                   CORPORATE EXPATRIATION TO AVOID UNITED STATES 
                   INCOME TAX.

       (a) In General.--It is the sense of the Senate that 
     paragraph (4) of section 7701(a) of the Internal Revenue Code 
     of 1986 (defining domestic) should be 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) of 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 affilated 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 transactions shall be treated as 
     1 transaction, 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.--It is further the sense of the Senate 
     that--
       (1) such as amendment should apply to corporate 
     expatriation transactions completed after September 11, 2001;
       (2) such an amendment should 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; and
       (3) that any revenues attributable to such an amendment 
     should be used to pay for benefits for textile and apparel 
     workers 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.) under this Act.

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