[Congressional Record Volume 172, Number 22 (Friday, January 30, 2026)]
[Senate]
[Pages S421-S422]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4288. Mr. WARNOCK submitted an amendment intended to be proposed
by him to the bill H.R. 7148, making further consolidated
appropriations for the fiscal year ending September 30, 2026, and for
other purposes; which was ordered to lie on the table; as follows:
Strike sections 5019 and 5020 and insert the following:
SEC. 5019. EXTENSION OF AFRICAN GROWTH AND OPPORTUNITY ACT.
(a) Extension of Preferential Treatment for Certain
Countries in Africa Under African Growth and Opportunity Act;
Retroactive Application.--
(1) Extension.--
(A) Trade act of 1974.--Section 506B of the Trade Act of
1974 (19 U.S.C. 2466b) is amended by striking ``September 30,
2025'' and inserting ``December 31, 2028''.
(B) African growth and opportunity act.--
(i) In general.--Section 112(g) of the African Growth and
Opportunity Act (19 U.S.C. 3721(g)) is amended by striking
``September 30, 2025'' and inserting ``December 31, 2028''.
(ii) Regional apparel article program.--Section
112(b)(3)(A) of the African Growth and Opportunity Act (19
U.S.C. 3721(b)(3)(A)) is amended--
(I) in clause (i), by striking ``21 succeeding'' and
inserting ``24 succeeding''; and
(II) in clause (ii)(II), by striking ``September 30, 2025''
and inserting ``December 31, 2028''.
(iii) Third-country fabric program.--Section 112(c)(1) of
the African Growth and Opportunity Act (19 U.S.C. 3721(c)(1))
is amended--
(I) in the paragraph heading, by striking ``September 30,
2025'' and inserting ``December 31, 2028'';
(II) in subparagraph (A), by striking ``September 30,
2025'' and inserting ``December 31, 2028''; and
(III) in subparagraph (B)(ii), by striking ``September 30,
2025'' and inserting ``December 31, 2028''.
(2) Retroactive application.--
(A) In general.--Notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law,
and subject to subparagraph (B), any entry of a covered
article to which duty-free treatment or other preferential
treatment under section 506A of the Trade Act of 1974 (19
U.S.C. 2466a) would have applied if the entry had been made
on September 30, 2025, that was made--
(i) after September 30, 2025, and
(ii) before the date of the enactment of this Act,
[[Page S422]]
shall be liquidated or reliquidated as though such entry
occurred on the date of the enactment of this Act.
(B) Requests.--A liquidation or reliquidation may be made
under subparagraph (A) with respect to an entry only if a
request therefor is filed with the Commissioner of U.S.
Customs and Border Protection not later than 180 days after
the date of the enactment of this Act that contains
sufficient information to enable such Commissioner--
(i) to locate the entry; or
(ii) to reconstruct the entry if it cannot be located.
(C) Payment of amounts owed.--Any amounts owed by the
United States pursuant to the liquidation or reliquidation of
an entry of a covered article under subparagraph (A) shall be
paid, without interest of any kind, not later than 90 days
after the date of the liquidation or reliquidation (as the
case may be).
(D) Definitions.--In this paragraph:
(i) Covered article.--The term ``covered article'' means an
article from a country that is designated by the President as
a beneficiary sub-Saharan African country under section 104
of the African Growth and Opportunity Act (19 U.S.C. 3703) as
of the day before the date of the enactment of this Act.
(ii) Entry.--The term ``entry'' includes a withdrawal from
warehouse for consumption.
(b) Extension of Customs User Fees.--
(1) In general.--Section 13031(j)(3) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(j)(3)) is amended--
(A) in subparagraph (A), by striking ``September 30, 2031''
and inserting ``December 31, 2031''; and
(B) in subparagraph (B)(i), by striking ``September 30,
2031'' and inserting ``December 31, 2031''.
(2) Rate for merchandise processing fees.--Section 503 of
the United States-Korea Free Trade Agreement Implementation
Act (Public Law 112-41;19 U.S.C. 3805 note) is amended by
striking ``September 30, 2031'' and inserting ``December 31,
2031''.
SEC. 5020. EXTENSION OF HAITI ECONOMIC LIFT PROGRAM.
(a) Extension of Special Rules for Haiti Under Caribbean
Basin Economic Recovery Act.--Section 213A of the Caribbean
Basin Economic Recovery Act (19 U.S.C. 2703a) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by amending subparagraph (B)(v)(I) to read as follows:
``(I) Applicable percentage.--The term `applicable
percentage' means 60 percent or more on and after December
20, 2017.''; and
(ii) by amending subparagraph (C) to read as follows:
``(C) Quantitative limitations.--The preferential treatment
described in subparagraph (A) shall be extended, during each
period after the initial applicable 1-year period, to not
more than 1.25 percent of the aggregate square meter
equivalents of all apparel articles imported into the United
States in the most recent 12-month period for which data are
available.''; and
(B) in paragraph (2), by striking ``in each of the 16
succeeding 1-year periods'' each place it appears and
inserting ``in any of the succeeding 1-year periods''; and
(2) by amending subsection (h) to read as follows:
``(h) Termination.--The duty-free treatment provided under
this section shall remain in effect until December 31,
2028.''.
(b) Restoration of Eligibility of Certain Articles for
Preferential Treatment.--
(1) In general.--The President shall proclaim such
modifications to the Harmonized Tariff Schedule of the United
States as may be necessary to restore the eligibility of
articles described in paragraph (2) for preferential
treatment under section 213A of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703a).
(2) Articles described.--An article described in this
paragraph is an article that--
(A) was eligible for preferential treatment under section
213A of the Caribbean Basin Economic Recovery Act (19 U.S.C.
2703a) on December 20, 2006; and
(B) became ineligible for such treatment after that date
and before the date of the enactment of this Act as a result
of revisions to the Harmonized Tariff Schedule.
(3) Effective date of proclamation.--A proclamation under
paragraph (1) shall take effect not earlier than 2 business
days after the President submits to the Committee on Finance
of the Senate and the Committee on Ways and Means of the
House of Representatives a report on the proclamation and the
reasons for the modifications to the Harmonized Tariff
Schedule under the proclamation.
(c) Retroactive Application.--
(1) In general.--Notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law,
and subject to paragraph (2), any entry of a covered article
to which duty-free treatment or other preferential treatment
under the Caribbean Basin Economic Recovery Act (19 U.S.C.
2701 et seq.) would have applied if the entry had been made
before September 30, 2025, that was made--
(A) on or after September 30, 2025, and
(B) before the date of the enactment of this Act,
shall be liquidated or reliquidated as though such entry
occurred on the date of the enactment of this Act.
(2) Requests.--A liquidation or reliquidation may be made
under paragraph (1) with respect to an entry only if a
request therefor is filed with the Commissioner of U.S.
Customs and Border Protection not later than 180 days after
the date of the enactment of this Act that contains
sufficient information to enable such Commissioner--
(A) to locate the entry; or
(B) to reconstruct the entry if it cannot be located.
(3) Payment of amounts owed.--Any amounts owed by the
United States pursuant to the liquidation or reliquidation of
an entry of a covered article under paragraph (1) shall be
paid, without interest of any kind, not later than 90 days
after the date of the liquidation or reliquidation (as the
case may be).
(4) Definitions.--In this subsection:
(A) Covered article.--The term ``covered article'' means an
article from Haiti.
(B) Entry.--The term ``entry'' includes a withdrawal from
warehouse for consumption.
______