[Congressional Record Volume 148, Number 67 (Wednesday, May 22, 2002)]
[Senate]
[Pages S4727-S4732]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3531. Mr. LOTT 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 word ``SEC.'' and insert the 
     following:

     FAIR WHEAT TRADE.

       (a) Short Title.--This section may be cited as the ``Wheat 
     Trade Fairness Act of 2002''.
       (b) Findings.--Congress finds the following:
       (1) The Government of Canada grants the Canadian Wheat 
     Board special monopoly rights and privileges which 
     disadvantage United States wheat farmers and undermine the 
     integrity of the trading system.
       (2) The Canadian Wheat Board is able to take sales from 
     United States farmers, because it--
       (A) is insulated from commercial risks;
       (B) benefits from subsidies;
       (C) has a protected domestic market and special privileges; 
     and
       (D) has competitive advantages due to its monopoly control 
     over a guaranteed supply of wheat.
       (3) The Canadian Wheat Board is insulated from commercial 
     risk because the Canadian Government guarantees its financial 
     operations, including its borrowing and initial payments to 
     farmers.
       (4) The Canadian Wheat Board benefits from subsidies and 
     special privileges, such as government-owned railcars, 
     government-guaranteed debt, and below market borrowing costs.
       (5) The Canadian Wheat Board has a competitive advantage 
     due to its monopoly control over a guaranteed supply of wheat 
     that Canadian farmers are required to sell to the Board, and 
     monopoly control to export western Canadian wheat which 
     allows the Canadian Wheat Board to enter into forward 
     contracts without incurring commercial risks.
       (6) Canada's burdensome regulatory scheme controls the 
     varieties of wheat that can be marketed and restricts imports 
     of United States wheat.
       (7) The wheat trade problem with Canada is longstanding and 
     affects the entire United States wheat industry by displacing 
     sales of United States wheat domestically and in foreign 
     markets.
       (8) The acts, policies, and practices of the Government of 
     Canada and the Canadian Wheat Board are unreasonable and 
     burden or restrict United States wheat commerce.
       (9) Since entering into the United States-Canada Free Trade 
     Agreement, United States wheat producers have been 
     continuously threatened by the unfair practices of the 
     Canadian Wheat Board.
       (10) The United States Department of Agriculture figures 
     confirm that United States wheat farmers have lost domestic 
     market share to Canadian Wheat Board imports consistently 
     since the implementation of the United States-Canada Free 
     Trade Agreement; and
       (11) United States wheat producers are faced with low 
     prices as a result of the Canadian Wheat Board's unfair 
     pricing in domestic markets. United States wheat producers 
     have experienced a steep decline in farm income, have 
     increasing carryover stock, and face increasing indebtedness.
       (c) Response to Unfair Trade Practices by Canadian Wheat 
     Board.--Since the United States Trade Representative made a 
     positive finding that the practices of the Canadian Wheat 
     Board involved subsidies, protected domestic market, and 
     special benefits and privileges that disadvantage United 
     States wheat farmers and infringe on the integrity of a 
     competitive trading system, it is the sense of the Congress 
     that United States Trade Representative should pursue 
     multiple avenues to seek relief for U.S. wheat farmers from 
     the wheat trading practices of the Government of Canada and 
     the Canadian Wheat Board, including through:
       (1) a thorough examination of a possible dispute settlement 
     case against the Canadian Wheat Board in the World Trade 
     Organization; (2) working with the North Dakota Wheat 
     Commission and the U.S. wheat industry to examine the 
     possibility of action under title VII of the Tariff Act of 
     1930 with respect to countervailing and antidumping duties 
     against Canadian wheat; (3) in the newly launched round of 
     the World Trade Organization, pursuing permanent reform of 
     the Canadian Wheat Board through the development of new 
     disciplines and rules on state trading enterprises that 
     export agricultural goods which include--
       (A) ending exclusive export rights to ensure private sector 
     competition in markets controlled by single desk exporters;
       (B) eliminating the use of government funds or guarantees 
     to support or ensure the financial viability of single desk 
     exporters; and
       (C) establishing WTO requirements for notifying acquisition 
     costs, export pricing, and other sales information for single 
     desk exporters; and
       (4) working with the U.S. wheat industry to identify 
     specific impediments to U.S. wheat entering Canada and 
     presenting these to the Canadians so as to ensure the 
     possibility of fair, two-way trade.
                                  ____

  SA 3532. Mr. REED (for himself, Mr. Bingaman, Mr. Corzine, and Mr. 
Kennedy) 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 ``SEC.'' and insert the following:

     PROVISIONS RELATING TO SECONDARY WORKERS.

       (a) Certain Provisions Not To Apply.--Paragraphs (11) and 
     (24) of section 221 of the Trade Act of 1974, as amended by 
     section 111, shall not take effect.

[[Page S4728]]

       (b) Definitions.--At the end of section 221, of the Trade 
     Act of 1974, as amended by section 111, add the following new 
     paragraphs:
       (29) 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.
       (30) 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 3533. Mr. REED 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 matter proposed to be inserted, add the 
     following new section:

     SEC. __. PROVISIONS RELATING TO SECONDARY WORKERS.

       (a) Certain Provisions Not To Apply.--Paragraphs (11) and 
     (24) of section 221 of the Trade Act of 1974, as amended by 
     section 111, shall not take effect.
       (b) Definitions.--At the end of section 221, of the Trade 
     Act of 1974, as amended by section 111, add the following new 
     paragraphs:
       (29) 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.
       (30) 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 3534. 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 3535. 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 3536. Mr. HARKIN submitted an amendment intended to be proposed to 
amendment SA 3459 proposed by Mr. Reid (for Mr. Harkin) 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:

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

  SA 3537. 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:
       ``Strike Section 1143, and insert en lieu thereof the 
     following:

     ``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, 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 define 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 law enforced by the 
     Customs Service.''
                                  ____

  SA 3538. 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:
       ``Strike Section 1143, and insert en lieu thereof the 
     following:

[[Page S4729]]

     ``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, stop and search at the 
     border, without a search warrant, mail of domestic origin 
     transmitted for export by the United States Postal Service 
     that is being imported or exported by the United States 
     Postal Service that weighs in excess of 5 pounds.
       ``(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 Weighing in 
     Excess of 5 Pounds.--(1) Mail sealed against inspection under 
     the postal laws and regulations of the United States weighing 
     in excess of 5 pounds may be searched by a Customs officer, 
     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 law enforced by the 
     Customs Service.
       ``(2) No person acting under authority of paragraph (1) 
     shall read, or authorize any other person to read, any 
     correspondence contained in mail sealed against inspection 
     unless prior to so reading--
       ``(A) a search warrant has been issued pursuant to Rule 41, 
     Federal Rules of Criminal Procedure; or
       ``(B) the sender or addressee has given written 
     authorization for such reading.
       ``(d) Search of Mail Sealed Against Inspection Weighing 
     Less Than 5 Pounds.--No provision of this Section shall apply 
     to the treatment of mail sealed against inspection under the 
     postal laws and regulations of the United States weighing 
     less than 5 pounds.''
                                  ____

  SA 3539. 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 en lieu thereof the 
     following:
       ``Strike Section 1143, and insert en lieu thereof the 
     following:

     ``SEC. 1143. BORDERS 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, stop and search at the 
     border, without a search warrant, mail of domestic origin 
     transmitted for export by the United States Postal Service 
     that is being imported or exported by the United States 
     Postal Service that weighs in excess of 5 pounds.
       ``(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) 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 Weighing in 
     Excess of 5 Pounds.--(1) Mail sealed against inspection under 
     the postal laws and regulations of the United States weighing 
     in excess of 5 pounds may be searched by a Customs officer, 
     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. 2278).
       ``(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 law enforced by the 
     Customs Service.
       ``(2) No person acting under authority of paragraph (1) 
     shall read, or authorize any other person to read, any 
     correspondence contained in mail sealed against inspection 
     unless prior to so reading--
       ``(A) a search warrant has been issued pursuant to Rule 41, 
     Federal Rules of Criminal Procedure; or
       ``(B) the sender or addressee has given written 
     authorization for such reading.
       ``(d) Search of Mail Sealed Against Inspection Weighing 
     Less Than 5 Pounds.--No provision of this Section shall apply 
     to the treatment of mail sealed against inspection under the 
     postal laws and regulations of the United States weighing 
     less than 5 pounds.''
                                  ____

  SA 3540. 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 en lieu thereof the 
     following:
       ``Strike Section 1143, and insert en lieu thereof the 
     following:

     ``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:

[[Page S4730]]

       ``(A) Section 5316 of title 31, United States Code 
     (relating to reports on exporting and importing monetary 
     instruments).
       ``(B) Sections 1461, 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, 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 law enforced by the 
     Customs Service.''
                                  ____

  SA 3541. Mr. HATCH 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:
       Notwithstanding any other provision of law, the amounts 
     appropriated by section 1304(a) of Pub. L. 97-258, as amended 
     (31 U.S.C. 1304(a)), shall be available for a lump-sum 
     payment of $3.3 million to the European Communities in 
     connection with the World Trade Organization dispute on 
     Section 110(5) of the U.S. Copyright Act.

  SA 3542. Mr. STEVENS (for himself and Mrs. Murray) submitted an 
amendment intended to be proposed to amendment SA 3401 proposed by Mr. 
Baucus (for himself and Mr. Grassley) to the bill (H.R. 3009) to extend 
the Andean Trade Preference Act, to grant additional trade benefits 
under that Act, and for other purposes; which was ordered to lie on the 
table; as follows;

       At the appropriate place insert the following new section:

     SEC. __. REVIEW OF IMPORTS.

       (a) Application of Reviewed Products.--In this section 
     ``reviewed imported products'' shall mean those imported 
     products with Harmonized System (HS) numbers 0302.1200.03, 
     0303.2200.00, 0304.1040.93. 0304.2060.06, and 0305.4100.00, 
     and any similar product that is or may in the future be 
     canned and is intended for human consumption.
       (b) In General.--Beginning on May 1, 2002, the amount of 
     reviewed imported products that may be imported into the 
     United States from any country during May, June, July and 
     August of each year may not exceed the qualified amount, 
     notwithstanding any provision of law to the contrary.
       (b) Qualified Amount.--
       (1) General rule.--For purposes of this section, the term 
     ``qualified amount'' means an amount that does not exceed 33 
     percent of the average annual amount of reviewed imported 
     products from a country during the preceding 10-year period.
       (2) Annual calculation.--Beginning on January 1, 2003, and 
     each year thereafter, the Commissioner of Customs shall 
     publish in the Federal Register--
       (A) the quantity of reviewed imported products from each 
     country for the preceding 10-year period; and
       (B) the qualified amount of review imported products that 
     can be imported from each country for the months of May, 
     June, July, and August of that year.
       (3) Special rule for 2002.--Not later than 10 days after 
     the date of enactment of this section, the Commissioner of 
     Customs shall estimate and publish in the Federal Register 
     the qualified amount of reviewed imported products that may 
     be imported during May, June, July, and August of 2002.
       (4) Product-form standardization.--In calculating the 
     qualified amount for this section the Secretary shall use 
     industry accepted recovery rates of resources used to produce 
     reviewed imported products to ensure the qualified amount of 
     such products being imported during May, June, July, and 
     August is accurate relative to annual imports of the whole 
     resource used to produce reviewed imported products.
                                  ____

  SA 3543. Mr. LEVIN (for himself, Mr. Voinovich, and Ms. Stabenow) 
proposed an amendment to amendment SA 3401 proposed by Mr. Baucus (for 
himself and Mr. Grassley) to the bill (H.R. 3009) to extend the Andean 
Trade Preference Act, to grant additional trade benefits under that 
Act, and for other purposes; as follows:

       On page 228, line 21, insert after ``exports'' the 
     following: ``(including motor vehicles and vehicle parts)''.
                                  ____

  SA 3544. Mr. CAMPBELL proposed an amendment to the bill S. 1644, to 
further the protection and recognition of veterans' memorials, and for 
other purposes, as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans' Memorial 
     Preservation and Recognition Act of 2002''.

     SEC. 2. CRIMINAL PENALTIES FOR DESTRUCTION OF VETERANS' 
                   MEMORIALS.

       (a) In General.--Chapter 65 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1369. Destruction of veterans' memorials

       ``(a) Whoever, in a circumstance described in subsection 
     (b), willfully injures or destroys, or attempts to injure or 
     destroy, any structure, plaque, statue, or other monument on 
     public property commemorating the service of any person or 
     persons in the armed forces of the United States shall be 
     fined under this title, imprisoned not more than 10 years, or 
     both.
       ``(b) A circumstance described in this subsection is that--
       ``(1) in committing the offense described in subsection 
     (a), the defendant travels or causes another to travel in 
     interstate or foreign commerce, or uses the mail or an 
     instrumentality of interstate or foreign commerce; or
       ``(2) the structure, plaque, statue, or other monument 
     described in subsection (a) is located on property owned by, 
     or under the jurisdiction of, the Federal Government.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 65 of title 18, United States Code, is 
     amended by adding at the end the following:

``1369. Destruction of veterans' memorials.''.

     SEC. 3. HIGHWAY SIGNS RELATING TO VETERANS CEMETERIES.

       (a) In General.--Notwithstanding the terms of any agreement 
     entered into by the Secretary of Transportation and a State 
     under section 109(d) or 402(a) of title 23, United States 
     Code, a veterans cemetery shall be treated as a site for 
     which a supplemental guide sign may be placed on any Federal-
     aid highway.
       (b) Applicability.--Subsection (a) shall apply to an 
     agreement entered into before, on, or after the date of the 
     enactment of this Act.
                                  ____

  SA 3545. Mr. REID (for Mr. Voinovich (for himself, Mr. Lieberman, Mr. 
Bunning, Mrs. Carnahan, Mr. Carper, Mr. Cleland, Mr. Conrad, Mr. 
Dayton, Mr. Jeffords, Mr. Kerry, Mr. Leahy, Mrs. Lincoln, Mr. Miller, 
Mr. Thompson, Mr. Bond, and Ms. Collins)) proposed an amendment to the 
bill H.R. 327, to amend chapter 35 of title 44, United States Code, for 
the purpose of facilitating compliance by small business concerns with 
certain Federal paperwork requirements, to establish a task force to 
examine information collection and dissemination, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Small Business Paperwork 
     Relief Act of 2002''.

     SEC. 2. FACILITATION OF COMPLIANCE WITH FEDERAL PAPERWORK 
                   REQUIREMENTS.

       (a) Requirements Applicable to the Director of OMB.--
     Section 3504(c) of title 44, United States Code (commonly 
     referred to as the ``Paperwork Reduction Act''), is amended--
       (1) in paragraph (4), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (5), by striking the period and inserting 
     a semicolon; and

[[Page S4731]]

       (3) by adding at the end the following:
       ``(6) publish in the Federal Register and make available on 
     the Internet (in consultation with the Small Business 
     Administration) on an annual basis a list of the compliance 
     assistance resources available to small businesses, with the 
     first such publication occurring not later than 1 year after 
     the date of enactment of the Small Business Paperwork Relief 
     Act of 2002.''.
       (b) Establishment of Agency Point of Contact.--Section 3506 
     of title 44, United States Code, is amended by adding at the 
     end the following:
       ``(i)(1) In addition to the requirements described in 
     subsection (c), each agency shall, with respect to the 
     collection of information and the control of paperwork, 
     establish 1 point of contact in the agency to act as a 
     liaison between the agency and small business concerns (as 
     defined in section 3 of the Small Business Act (15 U.S.C. 
     632)).
       ``(2) Each point of contact described under paragraph (1) 
     shall be established not later than 1 year after the date of 
     enactment of the Small Business Paperwork Relief Act of 
     2002.''.
       (c) Additional Reduction of Paperwork for Certain Small 
     Businesses.--Section 3506(c) of title 44, United States Code, 
     is amended--
       (1) in paragraph (2)(B), by striking ``; and'' and 
     inserting a semicolon;
       (2) in paragraph (3)(J), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(4) in addition to the requirements of this chapter 
     regarding the reduction of information collection burdens for 
     small business concerns (as defined in section 3 of the Small 
     Business Act (15 U.S.C. 632)), make efforts to further reduce 
     the information collection burden for small business concerns 
     with fewer than 25 employees.''.

     SEC. 3. ESTABLISHMENT OF TASK FORCE ON INFORMATION COLLECTION 
                   AND DISSEMINATION.

       (a) In General.--Chapter 35 of title 44, United States 
     Code, is amended--
       (1) by redesignating section 3520 as section 3521; and
       (2) by inserting after section 3519 the following:

     ``Sec. 3520. Establishment of task force on information 
       collection and dissemination

       ``(a) There is established a task force to study the 
     feasibility of streamlining requirements with respect to 
     small business concerns regarding collection of information 
     and strengthening dissemination of information (in this 
     section referred to as the `task force').
       ``(b)(1) The Director shall determine--
       ``(A) subject to the minimum requirements under paragraph 
     (2), the number of representatives to be designated under 
     each subparagraph of that paragraph; and
       ``(B) the agencies to be represented under paragraph 
     (2)(K).
       ``(2) After all determinations are made under paragraph 
     (1), the members of the task force shall be designated by the 
     head of each applicable department or agency, and include--
       ``(A) 1 representative of the Director, who shall convene 
     and chair the task force;
       ``(B) not less than 2 representatives of the Department of 
     Labor, including 1 representative of the Bureau of Labor 
     Statistics and 1 representative of the Occupational Safety 
     and Health Administration;
       ``(C) not less than 1 representative of the Environmental 
     Protection Agency;
       ``(D) not less than 1 representative of the Department of 
     Transportation;
       ``(E) not less than 1 representative of the Office of 
     Advocacy of the Small Business Administration;
       ``(F) not less than 1 representative of the Internal 
     Revenue Service;
       ``(G) not less than 2 representatives of the Department of 
     Health and Human Services, including 1 representative of the 
     Centers for Medicare and Medicaid Services;
       ``(H) not less than 1 representative of the Department of 
     Agriculture;
       ``(I) not less than 1 representative of the Department of 
     the Interior;
       ``(J) not less than 1 representative of the General 
     Services Administration; and
       ``(K) not less than 1 representative of each of 2 agencies 
     not represented by representatives described under 
     subparagraphs (A) through (J).
       ``(c) The task force shall--
       ``(1) identify ways to integrate the collection of 
     information across Federal agencies and programs and examine 
     the feasibility and desirability of requiring each agency to 
     consolidate requirements regarding collections of information 
     with respect to small business concerns within and across 
     agencies, without negatively impacting the effectiveness of 
     underlying laws and regulations regarding such collections of 
     information, in order that each small business concern may 
     submit all information required by the agency--
       ``(A) to 1 point of contact in the agency;
       ``(B) in a single format, such as a single electronic 
     reporting system, with respect to the agency; and
       ``(C) with synchronized reporting for information 
     submissions having the same frequency, such as synchronized 
     quarterly, semiannual, and annual reporting dates;
       ``(2) examine the feasibility and benefits to small 
     businesses of publishing a list by the Director of the 
     collections of information applicable to small business 
     concerns (as defined in section 3 of the Small Business Act 
     (15 U.S.C. 632)), organized--
       ``(A) by North American Industry Classification System 
     code;
       ``(B) by industrial sector description; or
       ``(C) in another manner by which small business concerns 
     can more easily identify requirements with which those small 
     business concerns are expected to comply;
       ``(3) examine the savings, including cost savings, and 
     develop recommendations for implementing--
       ``(A) systems for electronic submissions of information to 
     the Federal Government; and
       ``(B) interactive reporting systems, including components 
     that provide immediate feedback to assure that data being 
     submitted--
       ``(i) meet requirements of format; and
       ``(ii) are within the range of acceptable options for each 
     data field;
       ``(4) make recommendations to improve the electronic 
     dissemination of information collected under Federal 
     requirements;
       ``(5) recommend a plan for the development of an 
     interactive Governmentwide system, available through the 
     Internet, to allow each small business to--
       ``(A) better understand which Federal requirements 
     regarding collection of information (and, when possible, 
     which other Federal regulatory requirements) apply to that 
     particular business; and
       ``(B) more easily comply with those Federal requirements; 
     and
       ``(6) in carrying out this section, consider opportunities 
     for the coordination--
       ``(A) of Federal and State reporting requirements; and
       ``(B) among the points of contact described under section 
     3506(i), such as to enable agencies to provide small business 
     concerns with contacts for information collection 
     requirements for other agencies.
       ``(d) The task force shall--
       ``(1) by publication in the Federal Register, provide 
     notice and an opportunity for public comment on each report 
     in draft form; and
       ``(2) make provision in each report for the inclusion of--
       ``(A) any additional or dissenting views of task force 
     members; and
       ``(B) a summary of significant public comments.
       ``(e) Not later than 1 year after the date of enactment of 
     the Small Business Paperwork Relief Act of 2002, the task 
     force shall submit a report of its findings under subsection 
     (c) (1), (2), and (3) to--
       ``(1) the Director;
       ``(2) the chairpersons and ranking minority members of--
       ``(A) the Committee on Governmental Affairs and the 
     Committee on Small Business and Entrepreneurship of the 
     Senate; and
       ``(B) the Committee on Government Reform and the Committee 
     on Small Business of the House of Representatives; and
       ``(3) the Small Business and Agriculture Regulatory 
     Enforcement Ombudsman designated under section 30(b) of the 
     Small Business Act (15 U.S.C. 657(b)).
       ``(f) Not later than 2 years after the date of enactment of 
     the Small Business Paperwork Relief Act of 2002, the task 
     force shall submit a report of its findings under subsection 
     (c) (4) and (5) to--
       ``(1) the Director;
       ``(2) the chairpersons and ranking minority members of--
       ``(A) the Committee on Governmental Affairs and the 
     Committee on Small Business and Entrepreneurship of the 
     Senate; and
       ``(B) the Committee on Government Reform and the Committee 
     on Small Business of the House of Representatives; and
       ``(3) the Small Business and Agriculture Regulatory 
     Enforcement Ombudsman designated under section 30(b) of the 
     Small Business Act (15 U.S.C. 657(b)).
       ``(g) The task force shall terminate after completion of 
     its work.
       ``(h) In this section, the term `small business concern' 
     has the meaning given under section 3 of the Small Business 
     Act (15 U.S.C. 632).''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 35 of title 44, United States Code, is 
     amended by striking the item relating to section 3520 and 
     inserting the following:

``3520. Establishment of task force on information collection and 
              dissemination.
``3521. Authorization of appropriations.''.

     SEC. 4. REGULATORY ENFORCEMENT REPORTS.

       (a) Definition.--In this section, the term ``agency'' has 
     the meaning given that term under section 551 of title 5, 
     United States Code.
       (b) In General.--
       (1) Initial report.--Not later than December 31, 2003, each 
     agency shall submit an initial report to--
       (A) the chairpersons and ranking minority members of--
       (i) the Committee on Governmental Affairs and the Committee 
     on Small Business and Entrepreneurship of the Senate; and
       (ii) the Committee on Government Reform and the Committee 
     on Small Business of the House of Representatives; and
       (B) the Small Business and Agriculture Regulatory 
     Enforcement Ombudsman designated under section 30(b) of the 
     Small Business Act (15 U.S.C. 657(b)).
       (2) Final report.--Not later than December 31, 2004, each 
     agency shall submit a final report to the members and officer 
     described under paragraph (1) (A) and (B).
       (3) Content.--The initial report under paragraph (1) shall 
     include information with

[[Page S4732]]

     respect to the 1-year period beginning on October 1, 2002, 
     and the final report under paragraph (2) shall include 
     information with respect to the 1-year period beginning on 
     October 1, 2003, on each of the following:
       (A) The number of enforcement actions in which a civil 
     penalty is assessed.
       (B) The number of enforcement actions in which a civil 
     penalty is assessed against a small entity.
       (C) The number of enforcement actions described under 
     subparagraphs (A) and (B) in which the civil penalty is 
     reduced or waived.
       (D) The total monetary amount of the reductions or waivers 
     referred to under subparagraph (C).
       (4) Definitions in reports.--Each report under this 
     subsection shall include definitions selected at the 
     discretion of the reporting agency of the terms ``enforcement 
     actions'', ``reduction or waiver'', and ``small entity'' as 
     used in the report.
                                  ____

  SA 3546. Mr. REID (for Mr. Voinovich) proposed an amendment to the 
bill H.R. 327, to amend chapter 35 of title 44, United States Code, for 
the purpose of facilitating compliance by small business concerns with 
certain Federal paperwork requirements, to establish a task force to 
examine information collection and dissemination, and for other 
purposes; as follows:

       Amend the title so as to read: ``A bill to amend chapter 35 
     of title 44, United States Code, for the purpose of 
     facilitating compliance by small business concerns with 
     certain Federal paperwork requirements, to establish a task 
     force to examine information collection and dissemination, 
     and for other purposes.''.

                          ____________________