[Congressional Record Volume 161, Number 76 (Monday, May 18, 2015)]
[Senate]
[Page S2981]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1281. Mr. BROWN submitted an amendment intended to be proposed to 
amendment SA 1221 proposed by Mr. Hatch to the bill H.R. 1314, to amend 
the Internal Revenue Code of 1986 to provide for a right to an 
administrative appeal relating to adverse determinations of tax-exempt 
status of certain organizations; which was ordered to lie on the table; 
as follows:

       On page 22, strike lines 1 through 14 and insert the 
     following:
       (8) State-owned and state-controlled enterprises.--The 
     principle negotiating objectives of the United States 
     regarding competition by state-owned and state-controlled 
     commercial enterprises, including those enterprises for which 
     the share of the enterprise owned by the country is less than 
     50 percent, are--
       (A) to require each state-owned or state-controlled 
     enterprise to act solely in a manner consistent with 
     commercial considerations in all investments, operations, and 
     other activities of the enterprise in the territory of a 
     country that is a party to the trade agreement and is not the 
     country that owns or controls the enterprise;
       (B) to prohibit each country that is a party to the trade 
     agreement from providing to an enterprise that is owned or 
     controlled by that country any subsidies or other benefits--
       (i) that are not generally available on commercial terms; 
     and
       (ii) that provide an advantage to the enterprise or its 
     operations with respect to any investment, operation, or 
     other activity in the territory of another country that is a 
     party to the trade agreement;
       (C) to not restrict temporary measures taken by a country 
     that is a party to the trade agreement that the country 
     determines are necessary to safeguard an essential economic 
     or security interest of that country;
       (D) to require each country that is a party to the 
     agreement to make public an annual report with respect to 
     each enterprise that is owned or controlled by that country 
     and that invests in or conducts operations or other 
     activities in the territory of another country that is a 
     party to the trade agreement that--
       (i) describes in detail the governing structure of the 
     enterprise;
       (ii) identifies the share of the interests in the capital 
     structure of the enterprise that are held by the government 
     of that country;
       (iii) identifies the members of the board of directors of 
     the enterprise; and
       (iv) identifies the annual revenue and total assets of the 
     enterprise;
       (E) to subject all state-owned or state-controlled 
     enterprises in a country that is a party to the trade 
     agreement to dispute settlement mechanisms in enforcing the 
     trade agreement; and
       (F) to preserve the ability of state-owned or state-
     controlled enterprises to provide legitimate public services.
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