[Congressional Record Volume 161, Number 80 (Friday, May 22, 2015)]
[Senate]
[Pages S3311-S3312]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1438. Mrs. FEINSTEIN 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--TRADE PREFERENCES FOR NEPAL

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Nepal Trade Preferences 
     Act''.

     SEC. 302. SENSE OF CONGRESS.

       It is the sense of Congress that it should be an objective 
     of the United States to use trade policies and trade 
     agreements to contribute to the reduction of poverty and the 
     elimination of hunger.

     SEC. 303. ELIGIBILITY REQUIREMENTS.

       (a) In General.--The President may authorize the provision 
     of preferential treatment under this title to articles that 
     are imported directly from Nepal into the customs territory 
     of the United States pursuant to section 304 if the President 
     determines--
       (1) that Nepal meets the requirements set forth in 
     paragraphs (1), (2), and (3) of section 104(a) of the African 
     Growth and Opportunity Act (19 U.S.C. 3703(a)); and
       (2) after taking into account the factors set forth in 
     paragraphs (1) through (7) of subsection (c) of section 502 
     of the Trade Act of 1974 (19 U.S.C. 2462), that Nepal meets 
     the eligibility requirements of such section 502.
       (b) Withdrawal, Suspension, or Limitation of Preferential 
     Treatment; Mandatory Graduation.--The provisions of 
     subsections (d) and (e) of section 502 of the Trade Act of 
     1974 (19 U.S.C. 2462) shall apply with respect to Nepal to 
     the same extent and in the same manner as such provisions 
     apply with respect to beneficiary developing countries under 
     title V of that Act (19 U.S.C. 2461 et seq.).

     SEC. 304. ELIGIBLE ARTICLES.

       (a) In General.--An article described in subsection (b) may 
     enter the customs territory of the United States free of 
     duty.
       (b) Articles Described.--
       (1) In general.--An article is described in this subsection 
     if--
       (A)(i) the article is the growth, product, or manufacture 
     of Nepal; and
       (ii) in the case of a textile or apparel article, Nepal is 
     the country of origin of the article, as determined under 
     section 102.21 of title 19, Code of Federal Regulations (as 
     in effect on the day before the date of the enactment of this 
     Act);
       (B) the article is imported directly from Nepal into the 
     customs territory of the United States;
       (C) the article is classified under any of the following 
     subheadings of the Harmonized Tariff Schedule of the United 
     States (as in effect on the day before the date of the 
     enactment of this Act):


 
 
 
4202.11.00........................  4202.22.60...........  4202.92.08
4202.12.20........................  4202.22.70...........  4202.92.15
4202.12.40........................  4202.22.80...........  4202.92.20
4202.12.60........................  4202.29.50...........  4202.92.30
4202.12.80........................  4202.29.90...........  4202.92.45
4202.21.60........................  4202.31.60...........  4202.92.60
4202.21.90........................  4202.32.40...........  4202.92.90
4202.22.15........................  4202.32.80...........  4202.99.90
4202.22.40........................  4202.32.95...........  4203.29.50
4202.22.45........................  4202.91.00             .............
                                                           .............
5701.10.90........................  5702.91.30...........  5703.10.80
5702.31.20........................  5702.91.40...........  5703.90.00
5702.49.20........................  5702.92.90...........  5705.00.20
5702.50.40........................  5702.99.15             .............
5702.50.59........................  5703.10.20             .............
                                                           .............
6117.10.60........................  6214.20.00...........  6217.10.85
6117.80.85........................  6214.40.00...........  6301.90.00
6214.10.10........................  6214.90.00...........  6308.00.00
6214.10.20........................  6216.00.80             .............
                                                           .............
6504.00.90........................  6505.00.30...........  6505.00.90
6505.00.08........................  6505.00.40...........  6506.99.30
6505.00.15........................  6505.00.50...........  6506.99.60
6505.00.20........................  6505.00.60             .............
6505.00.25........................  6505.00.80             .............
 

       (D) the President determines, after receiving the advice of 
     the United States International Trade Commission in 
     accordance with section 503(e) of the Trade Act of 1974 (19 
     U.S.C. 2463(e)), that the article is not import-sensitive in 
     the context of imports from Nepal; and
       (E) subject to paragraph (3), the sum of the cost or value 
     of the materials produced in, and the direct costs of 
     processing operations performed in, Nepal or the customs 
     territory of the United States is not less than 35 percent of 
     the appraised value of the article at the time it is entered.
       (2) Exclusions.--An article shall not be treated as the 
     growth, product, or manufacture of Nepal for purposes of 
     paragraph (1)(A)(i) by virtue of having merely undergone--
       (A) simple combining or packaging operations; or
       (B) mere dilution with water or mere dilution with another 
     substance that does not materially alter the characteristics 
     of the article.
       (3) Limitation on united states cost.--For purposes of 
     paragraph (1)(E), the cost or value of materials produced in, 
     and the direct costs of processing operations performed in, 
     the customs territory of the United States and attributed to 
     the 35-percent requirement under that paragraph may not 
     exceed 15 percent of the appraised value of the article at 
     the time it is entered.
       (c) Verification With Respect to Transshipment for Textile 
     and Apparel Articles.--
       (1) In general.--Not later than April 1, July 1, October 1, 
     and January 1 of each year, the Commissioner responsible for 
     U.S. Customs and Border Protection shall verify that textile 
     and apparel articles imported from Nepal to which 
     preferential treatment is extended under this title are not 
     being unlawfully transshipped into the United States.
       (2) Report to president.--If the Commissioner determines 
     pursuant to paragraph (1) that textile and apparel articles 
     imported from Nepal to which preferential treatment is 
     extended under this title are being unlawfully transshipped 
     into the United States, the Commissioner shall report that 
     determination to the President.

     SEC. 305. TRADE FACILITATION AND CAPACITY BUILDING.

       (a) Findings.--Congress makes the following findings:
       (1) As a land-locked least-developed country, Nepal has 
     severe challenges reaching markets and developing capacity to 
     export goods. As of 2015, exports from Nepal are 
     approximately $800,000,000 per year, with India the major 
     market at $450,000,000 annually. The United States imports 
     about $80,000,000 worth of goods from Nepal, or 10 percent of 
     the total goods exported from Nepal.
       (2) The World Bank has found evidence that the overall 
     export competitiveness of

[[Page S3312]]

     Nepal has been declining since 2005. Indices compiled by the 
     World Bank and the Organization for Economic Co-operation and 
     Development found that export costs in Nepal are high with 
     respect to both air cargo and container shipments relative to 
     other low-income countries. Such indices also identify 
     particular weaknesses in Nepal with respect to automation of 
     customs and other trade functions, involvement of local 
     exporters and importers in preparing regulations and trade 
     rules, and export finance.
       (3) Implementation by Nepal of the Agreement on Trade 
     Facilitation of the World Trade Organization could directly 
     address some of the weaknesses described in paragraph (2).
       (b) Establishment of Trade Facilitation and Capacity 
     Building Program.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall, in 
     consultation with the Government of Nepal, establish a trade 
     facilitation and capacity building program for Nepal--
       (1) to enhance the central export promotion agency of Nepal 
     to support successful exporters and to build awareness among 
     potential exporters in Nepal about opportunities abroad and 
     ways to manage trade documentation and regulations in the 
     United States and other countries;
       (2) to provide export finance training for financial 
     institutions in Nepal and the Government of Nepal;
       (3) to assist the Government of Nepal in maintaining 
     publication of all trade regulations, forms for exporters and 
     importers, tax and tariff rates, and other documentation 
     relating to exporting goods on the Internet and developing a 
     robust public-private dialogue, through its National Trade 
     Facilitation Committee, for Nepal to identify timelines for 
     implementation of key reforms and solutions, as provided for 
     under the Agreement on Trade Facilitation of the World Trade 
     Organization; and
       (4) to increase access to guides for importers and 
     exporters on the Internet, including rules and documentation 
     for United States tariff preference programs.

     SEC. 306. REPORTING REQUIREMENT.

       Not later than one year after the date of the enactment of 
     this Act, and annually thereafter, the President shall 
     monitor, review, and report to Congress on the implementation 
     of this title, the compliance of Nepal with section 303(a), 
     and the trade and investment policy of the United States with 
     respect to Nepal.

     SEC. 307. TERMINATION OF PREFERENTIAL TREATMENT.

       No preferential treatment extended under this title shall 
     remain in effect after December 31, 2025.

     SEC. 308. EFFECTIVE DATE.

       The provisions of this title shall take effect on January 
     1, 2016.
                                 ______
                                 
  SA 1439. Mr. DAINES 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 of section 102(b), add the following:
       (21) Protection of indian exports and treaty rights.--
       (A) In general.--The principal negotiating objectives of 
     the United States with respect to the protection of exports 
     and treaty rights of Indian tribes are to ensure that--
       (i) goods of or for the benefit of Indian tribes may be 
     exported through ports in the United States;
       (ii) treaty rights of Indian tribes are protected; and
       (iii) goods of or for the benefit of Indian tribes have the 
     opportunity to compete in the world market.
       (B) Definitions.--In this paragraph:
       (i) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given that term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (ii) Treaty rights of indian tribes.--The term ``treaty 
     rights of Indian tribes'' means rights pursuant to treaties 
     between Indian tribes and the United States that confirm the 
     rights and privileges of each Indian tribe and the United 
     States.

                          ____________________