[Congressional Record Volume 161, Number 76 (Monday, May 18, 2015)]
[Senate]
[Pages S2984-S2986]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1300. Mr. PORTMAN (for himself, Mrs. McCaskill, Mr. Burr, Mr.
Toomey, and Mr. Graham) 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:
At the end, add the following:
TITLE III--PROCESS FOR CONSIDERATION OF TEMPORARY DUTY SUSPENSIONS AND
REDUCTIONS
SEC. 301. SHORT TITLE.
This title may be cited as the ``American Manufacturing
Competitiveness Act of 2015''.
SEC. 302. SENSE OF CONGRESS ON THE NEED FOR A MISCELLANEOUS
TARIFF BILL.
(a) Findings.--Congress makes the following findings:
(1) As of the date of the enactment of this Act, the
Harmonized Tariff Schedule of the United States imposes
duties on imported
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goods for which there is no domestic availability or
insufficient domestic availability.
(2) The imposition of duties on such goods creates
artificial distortions in the economy of the United States
that negatively affect United States manufacturers and
consumers.
(3) It is in the interests of the United States to update
the Harmonized Tariff Schedule every 3 years to eliminate
such artificial distortions by suspending or reducing duties
on such goods.
(4) The manufacturing competitiveness of the United States
around the world will be enhanced if Congress regularly and
predictably updates the Harmonized Tariff Schedule to suspend
or reduce duties on such goods.
(b) Sense of Congress.--It is the sense of Congress that,
to remove the competitive disadvantage to United States
manufactures and consumers resulting from an outdated
Harmonized Tariff Schedule and to promote the competitiveness
of United States manufacturers, Congress should consider a
miscellaneous tariff bill not later than 180 days after the
United States International Trade Commission and the
Department of Commerce issue reports on proposed duty
suspensions and reductions under this title.
SEC. 303. PROCESS FOR CONSIDERATION OF DUTY SUSPENSIONS AND
REDUCTIONS.
(a) Purpose.--It is the purpose of this section to
establish a process by the appropriate congressional
committees, in conjunction with the Commission pursuant to
its authorities under section 332 of the Tariff Act of 1930
(19 U.S.C. 1332), for the submission and consideration of
proposed duty suspensions and reductions.
(b) Establishment.--Not later than October 15, 2015, and
October 15, 2018, the appropriate congressional committees
shall establish and, on the same day, publish on their
respective publicly available Internet websites a process--
(1) to provide for the submission and consideration of
legislation containing proposed duty suspensions and
reductions in a manner that, to the maximum extent
practicable, is consistent with the requirements described in
subsection (c); and
(2) to include in a miscellaneous tariff bill those duty
suspensions and reductions that meet the requirements of this
title.
(c) Requirements of Commission.--
(1) Initiation.--Not later than October 15, 2015, and
October 15, 2018, the Commission shall publish in the Federal
Register and on a publicly available Internet website of the
Commission a notice requesting members of the public to
submit to the Commission during the 60-day period beginning
on the date of such publication--
(A) proposed duty suspensions and reductions; and
(B) Commission disclosure forms with respect to such duty
suspensions and reductions.
(2) Review.--
(A) Commission submission to congress.--As soon as
practicable after the expiration of the 60-day period
specified in paragraph (1), but not later than 15 days after
the expiration of such 60-day period, the Commission shall
submit to the appropriate congressional committees the
proposed duty suspensions and reductions submitted under
paragraph (1)(A) and the Commission disclosure forms with
respect to such duty suspensions and reductions submitted
under paragraph (1)(B).
(B) Public availability of proposed duty suspensions and
reductions.--Not later than 15 days after the expiration of
the 60-day period specified in paragraph (1), the Commission
shall publish on a publicly available Internet website of the
Commission the proposed duty suspensions and reductions
submitted under paragraph (1)(A) and the Commission
disclosure forms with respect to such duty suspensions and
reductions submitted under paragraph (1)(B).
(C) Commission reports to congress.--Not later than the end
of the 90-day period beginning on the date of publication of
the proposed duty suspensions and reductions under
subparagraph (B), the Commission shall submit to the
appropriate congressional committees a report on each
proposed duty suspension or reduction submitted pursuant to
subsection (b)(1) or paragraph (1)(A) that contains the
following information:
(i) A determination of whether or not domestic production
of the article that is the subject of the proposed duty
suspension or reduction exists and, if such production
exists, whether or not a domestic producer of the article
objects to the proposed duty suspension or reduction.
(ii) Any technical changes to the article description that
are necessary for purposes of administration when articles
are presented for importation.
(iii) The amount of tariff revenue that would no longer be
collected if the proposed duty suspension or reduction takes
effect.
(iv) A determination of whether or not the proposed duty
suspension or reduction is available to any person that
imports the article that is the subject of the proposed duty
suspension or reduction.
(3) Procedures.--The Commission shall prescribe and publish
on a publicly available Internet website of the Commission
procedures for complying with the requirements of this
subsection.
(4) Authorities described.--The Commission shall carry out
this subsection pursuant to its authorities under section 332
of the Tariff Act of 1930 (19 U.S.C. 1332).
(d) Department of Commerce Report.--Not later than the end
of the 90-day period beginning on the date of publication of
the proposed duty suspensions and reductions under subsection
(c)(2)(B), the Secretary of Commerce, in consultation with
U.S. Customs and Border Protection and other relevant Federal
agencies, shall submit to the appropriate congressional
committees a report on each proposed duty suspension and
reduction submitted pursuant to subsection (b)(1) or
(c)(1)(A) that includes the following information:
(1) A determination of whether or not domestic production
of the article that is the subject of the proposed duty
suspension or reduction exists and, if such production
exists, whether or not a domestic producer of the article
objects to the proposed duty suspension or reduction.
(2) Any technical changes to the article description that
are necessary for purposes of administration when articles
are presented for importation.
(e) Rule of Construction.--A proposed duty suspension or
reduction submitted under this section by a Member of
Congress shall receive treatment no more favorable than the
treatment received by a proposed duty suspension or reduction
submitted under this section by a member of the public.
SEC. 304. REPORT ON EFFECTS OF DUTY SUSPENSIONS AND
REDUCTIONS ON UNITED STATES ECONOMY.
(a) In General.--Not later than May 1, 2018, and May 1,
2020, the Commission shall submit to the appropriate
congressional committees a report on the effects on the
United States economy of temporary duty suspensions and
reductions enacted pursuant to this title, including a broad
assessment of the economic effects of such duty suspensions
and reductions on producers, purchasers, and consumers in the
United States, using case studies describing such effects on
selected industries or by type of article as available data
permit.
(b) Recommendations.--The Commission shall also solicit and
append to the report required under subsection (a)
recommendations with respect to those domestic industry
sectors or specific domestic industries that might benefit
from permanent duty suspensions and reductions or elimination
of duties, either through a unilateral action of the United
States or though negotiations for reciprocal tariff
agreements, with a particular focus on inequities created by
tariff inversions.
(c) Form of Report.--Each report required by this section
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 305. JUDICIAL REVIEW PRECLUDED.
The exercise of functions under this title shall not be
subject to judicial review.
SEC. 306. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate.
(2) Commission.--The term ``Commission'' means the United
States International Trade Commission.
(3) Commission disclosure form.--The term ``Commission
disclosure form'' means, with respect to a proposed duty
suspension or reduction, a document submitted by a member of
the public to the Commission that contains the following:
(A) The contact information for any known importers of the
article to which the proposed duty suspension or reduction
would apply.
(B) A certification by the member of the public that the
proposed duty suspension or reduction is available to any
person importing the article to which the proposed duty
suspension or reduction would apply.
(4) Domestic producer.--The term ``domestic producer''
means a person that demonstrates production, or imminent
production, in the United States of an article that is
identical to, or like or directly competitive with, an
article to which a proposed duty suspension or reduction
would apply.
(5) Duty suspension or reduction.--
(A) In general.--The term ``duty suspension or reduction''
means an amendment to subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States that--
(i)(I) extends an existing temporary duty suspension or
reduction of duty on an article under that subchapter; or
(II) provides for a new temporary duty suspension or
reduction of duty on an article under that subchapter; and
(ii) otherwise meets the requirements described in
subparagraph (B).
(B) Requirements.--A duty suspension or reduction meets the
requirements described in this subparagraph if--
(i) the duty suspension or reduction can be administered by
U.S. Customs and Border Protection;
(ii) the estimated loss in revenue to the United States
from the duty suspension or reduction does not exceed
$500,000 in a calendar year during which the duty suspension
or reduction would be in effect, as determined by the
Congressional Budget Office; and
(iii) the duty suspension or reduction is available to any
person importing the article that is the subject of the duty
suspension or reduction.
(6) Member of congress.--The term ``Member of Congress''
means a Senator or a Representative in, or Delegate or
Resident Commissioner to, Congress.
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(7) Miscellaneous tariff bill.--The term ``miscellaneous
tariff bill'' means a bill of either House of Congress that
contains only--
(A) duty suspensions and reductions that--
(i) meet the applicable requirements for--
(I) consideration of duty suspensions and reductions
described in section 303; or
(II) any other process required under the Rules of the
House of Representatives or the Senate; and
(ii) are not the subject of an objection because such duty
suspensions and reductions do not comply with the
requirements of this title from--
(I) a Member of Congress; or
(II) a domestic producer, as contained in comments
submitted to the appropriate congressional committees, the
Commission, or the Department of Commerce under section 303;
and
(B) provisions included in bills introduced in the House of
Representatives or the Senate pursuant to a process described
in subparagraph (A)(i)(II) that correct an error in the text
or administration of a provision of the Harmonized Tariff
Schedule of the United States.
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