[Congressional Record (Bound Edition), Volume 145 (1999), Part 19]
[Senate]
[Pages 27810-27817]
[From the U.S. Government Publishing Office, www.gpo.gov]



                          AMENDMENTS SUBMITTED

                                 ______
                                 

                   AFRICAN GROWTH AND OPPORTUNITY ACT

                                 ______
                                 

                      BINGAMAN AMENDMENT NO. 2431

  (Ordered to lie on the table.)
  Mr. BINGAMAN submitted an amendment intended to be proposed by him to 
the bill (H.R. 434) to authorize a new trade and investment policy for 
sub-Sahara Africa; as follows:

       At the appropriate place, insert the following new section:

     SEC. __. REPORT.

       (a) In General.--Not later than 9 months after the date of 
     enactment of this section, the Comptroller General of the 
     United States shall submit a report to Congress regarding the 
     efficiency and effectiveness of Federal and State 
     coordination of unemployment and retraining activities 
     associated with the following programs and legislation:
       (1) trade adjustment assistance (including NAFTA trade 
     adjustment assistance) provided for under title II of the 
     Trade Act of 1974;
       (2) the Job Training Partnership Act;
       (3) the Workforce Investment Act; and
       (4) unemployment insurance.
       (b) Period Covered.--The report shall cover the activities 
     involved in the programs and legislation listed in subsection 
     (a) from January 1, 1994 to December 31, 1999.
       (c) Data and Recommendations.--The report shall at a 
     minimum include specific data and recommendations regarding--
       (1) the compatibility of program requirements related to 
     the employment and retraining of dislocated workers in the 
     United States, with particular emphasis on the trade 
     adjustment assistance programs provided for under title II of 
     the Trade Act of 1974;
       (2) the compatibility of application procedures related to 
     the employment and retraining of dislocated workers in the 
     United States;
       (3) the capacity of these programs to assist workers 
     negatively impacted by foreign trade and the transfer of 
     production to other countries, measured in terms of 
     employment and wages;
       (4) the capacity of these programs to assist secondary 
     workers negatively impacted by foreign trade and the transfer 
     of production to other countries, measured in terms of 
     employment and wages;
       (5) how the impact of foreign trade and the transfer of 
     production to other countries would have changed the number 
     of beneficiaries covered under the trade adjustment 
     assistance program if the trade adjustment assistance program 
     covered secondary workers in the United States; and
       (6) the effectiveness of the programs described in 
     subsection (a) in achieving reemployment of United States 
     workers and maintaining wage levels of United States workers 
     who have been dislocated as a result of foreign trade and the 
     transfer of production to other countries.
                                 ______
                                 

                  TORRICELLI AMENDMENTS NOS. 2432-2446

  (Ordered to lie on the table.)
  Mr. TORRICELLI submitted 15 amendments intended to be proposed by him 
to the bill, H.R. 434, supra; as follows:

                           Amendment No. 2432

       At the end of the amendment, add the following new 
     subsection:
       (_) Exception.--This section shall not apply to Cuba until 
     the President reports to Congress that the Government of 
     Cuba--
       (1) has held free and fair elections conducted under 
     internationally recognized observers;
       (2) has permitted opposition parties ample time to organize 
     and campaign for such elections, and has permitted full 
     access to the media to all candidates in the elections;
       (3) is showing respect for the basic civil liberties and 
     human rights of the citizens of Cuba;
       (4) is moving toward establishing a free market economic 
     system; and
       (5) has committed itself to constitutional change that 
     would ensure regular free and fair elections.
                                  ____


                           Amendment No. 2433

       At the end of the amendment, add the following new section:
       Sec. __. (a) Treatment of Sales if Cuba Is on the List of 
     Terrorist States.--At any time during which Cuba has been 
     determined by the Secretary of State to have repeatedly 
     provided support for acts of international terrorism under 
     section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2371), commercial sales of food and medicine to Cuba shall 
     only be made pursuant to a specific license for each 
     transaction issued by the United States Government.
       (b) Prevention of Torture and Proliferation of Chemical or 
     Biological Weapons.--Nothing in subsection (a) shall be

[[Page 27811]]

     construed as authorizing the sale or transfer of equipment, 
     medicines, or medical supplies that could be used for 
     purposes of torture or human rights abuses or in the 
     development of chemical or biological weapons.
       (c) Donation of Food and Humanitarian Assistance to the 
     Cuban People.--
       (1) In general.--Of the amounts available under this Act 
     (including agricultural commodities), under chapter 1 of part 
     I of the Foreign Assistance Act of 1961 (relating to 
     development assistance), or chapter 4 of part II of that Act 
     (relating to the economic support fund) in any fiscal year, 
     up to $25,000,000 may be made available each fiscal year to 
     carry out activities under section 109(a) of the Cuban 
     Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 
     U.S.C. 6039(a)) or to provide humanitarian assistance through 
     independent nongovernmental organizations to victims of 
     political repression in Cuba.
       (2) Safeguards on assistance.--(A) Funds made available 
     under paragraph (1) shall be subject to notification of the 
     appropriate congressional committees in accordance with the 
     procedures applicable to reprogramming notifications under 
     section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2394-1).
       (B) Assistance may not be provided under this section if 
     any assistance is likely to be or is found to have been 
     diverted to the Cuban government, to any coercive 
     organization affiliated with the Cuban government, or to any 
     organization that has violated any law or regulation of the 
     United States regarding exports to or financial transactions 
     with Cuba.
                                  ____


                           Amendment No. 2434

       At the appropriate place, insert the following:

     SEC. __. LICENSING REQUIREMENT FOR COUNTRIES SUPPORTING ACTS 
                   OF INTERNATIONAL TERRORISM.

       The export of any medicine, medical device, or agricultural 
     commodity sold under contract to any country the government 
     of which the Secretary of States determines under section 
     6(j) of the Export Administration Act of 1979 has repeatedly 
     provided support for acts of international terrorism shall be 
     made pursuant to a specific license.
                                  ____


                           Amendment No. 2435

       At the appropriate place in the bill, insert the following:
       Sec. __. The commercial export of agricultrual commodities 
     or medicine to a country the government of which on June 1, 
     1999, had been determined by the Secretary of State to have 
     repeatedly provided support for acts of international 
     terrorism under section 620A of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2371) shall only be made--
       (1) pursuant to a specific license for each transaction 
     issued by the United States Government;
       (2) to nongovernmental organizations or entities, or 
     parastatal organizations, if such organizations or entities 
     are not associated in any way with a coercive body of a 
     government; and
       (3) subject to notification of the appropriate 
     congressional committees in accordance with the procedures 
     applicable to reprogramming notifications under section 634A 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1).
                                  ____


                           Amendment No. 2436

       At the end of the amendment, add the following new section:

     SEC. __. LIMITATION ON COMMERCIAL SALES OF FOOD AND MEDICINE.

       (a) Treatment of Sales if Country Is on the List of 
     Terrorist States.--At any time during which a country has 
     been determined by the Secretary of State to have repeatedly 
     provided support for acts of international terrorism under 
     section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2371), commercial sales of food and medicine to such country 
     shall only be made pursuant to a specific license for each 
     transaction issued by the United States Government.
       (b) Prevention of Torture and Proliferation of Chemical or 
     Biological Weapons.--Nothing in subsection (a) shall be 
     construed as authorizing the sale or transfer of equipment, 
     medicines, or medical supplies that could be used for 
     purposes of torture or human rights abuses or in the 
     development of chemical or biological weapons.
                                  ____


                           Amendment No. 2437

       At an appropriate place, insert the following:

     SEC. __. EXCLUSION RELATING TO COUNTRY SUPPORTIVE OF 
                   INTERNATIONAL TERRORISM.

       Nothing in this Act shall be construed as authorizing 
     financing or United States Government credit for commercial 
     transactions with _________, which has been determined by the 
     Secretary of State to have repeatedly provided support for 
     acts of international terrorism under section 620A of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2371).
                                  ____


                           Amendment No. 2438

       At the appropriate place in the bill, insert the following:
       Sec. __. Nothing in this Act shall be construed as 
     authorizing commercial exports or other transactions with any 
     country that on June 1, 1999, was determined by the Secretary 
     of State to have been a country the government of which had 
     repeatedly provided support for acts of international 
     terrorism under section 620A of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2371).
                                  ____


                           Amendment No. 2439

       At an appropriate place, insert the following:

     SEC. __. EXCLUSION RELATING TO COUNTRY SUPPORTIVE OF 
                   INTERNATIONAL TERRORISM.

       Nothing in this Act shall be construed as authorizing any 
     commercial sale that is otherwise prohibited by law to any 
     country that on June 20, 1999, had been determined by the 
     Secretary of State to have repeatedly provided support for 
     acts of international terrorism under section 620A of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2371).
                                  ____


                           Amendment No. 2440

       At an appropriate place, insert the following:

     SEC. __. EXCLUSION RELATING TO COUNTRY SUPPORTIVE OF 
                   INTERNATIONAL TERRORISM.

       Nothing in this Act shall be construed as authorizing 
     financing or United States Government credit for commercial 
     transactions with Sudan, which has been determined by the 
     Secretary of State to have repeatedly provided support for 
     acts of international terrorism under section 620A of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2371).
                                  ____


                           Amendment No. 2441

       At an appropriate place, insert the following:

     SEC. __. EXCLUSION RELATING TO COUNTRY SUPPORTIVE OF 
                   INTERNATIONAL TERRORISM.

       Nothing in this Act shall be construed as authorizing 
     financing or United States Government credit for commercial 
     transactions with Libya, which has been determined by the 
     Secretary of State to have repeatedly provided support for 
     acts of international terrorism under section 620A of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2371).
                                  ____


                           Amendment No. 2442

       At an appropriate place, insert the following:

     SEC. __. EXCLUSION RELATING TO COUNTRY SUPPORTIVE OF 
                   INTERNATIONAL TERRORISM.

       Nothing in this Act shall be construed as authorizing 
     financing or United States Government credit for commercial 
     transactions with North Korea, which has been determined by 
     the Secretary of State to have repeatedly provided support 
     for acts of international terrorism under section 620A of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2371).
                                  ____


                           Amendment No. 2443

       At an appropriate place, insert the following:

     SEC. __. EXCLUSION RELATING TO COUNTRY SUPPORTIVE OF 
                   INTERNATIONAL TERRORISM.

       Nothing in this Act shall be construed as authorizing 
     financing or United States Government credit for commercial 
     transactions with Iran, which has been determined by the 
     Secretary of State to have repeatedly provided support for 
     acts of international terrorism under section 620A of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2371).
                                  ____


                           Amendment No. 2444

       At the appropriate place in the bill, insert the following:
       Sec. __. (a) Nothing in this Act shall be construed as 
     authorizing commercial transactions with Cuba, which has been 
     determined by the Secretary of State to have repeatedly 
     provided support for acts of international terrorism under 
     section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2371).
                                  ____


                           Amendment No. 2445

       At an appropriate place, insert the following:

     SEC. __. EXCLUSION RELATING TO COUNTRY SUPPORTIVE OF 
                   INTERNATIONAL TERRORISM.

       Nothing in this Act shall be construed as authorizing 
     financing or United States Government credit for commercial 
     transactions with Syria, which has been determined by the 
     Secretary of State to have repeatedly provided support for 
     acts of international terrorism under section 620A of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2371).
                                  ____


                           Amendment No. 2446

       At an appropriate place, insert the following:

     SEC. __. EXCLUSION RELATING TO COUNTRY SUPPORTIVE OF 
                   INTERNATIONAL TERRORISM.

       Nothing in this Act shall be construed as authorizing 
     financing or United States Government credit for commercial 
     transactions with Iraq, which has been determined by the 
     Secretary of State to have repeatedly provided support for 
     acts of international terrorism under section 620A of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2371).

[[Page 27812]]


                                 ______
                                 

                        ROTH AMENDMENT NO. 2447

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2354 proposed by Mr. Levin to the bill, H.R. 434, supra; 
as follows:

       Strike all text on lines 1 through 4 and at the appropriate 
     place in the bill insert the following:

     SEC.   . PROHIBITION ON IMPORTS MADE WITH CHILD LABOR.

       Consistent with the requirements of section 307 of the 
     Tariff Act of 1930, as amended by this Act, none of the 
     benefits provided by the amendments made by this Act shall be 
     made available to any imports that are made with forced or 
     indentured child labor.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2448

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2373 submitted by Mr. Coverdell to the bill, H.R. 434, 
supra; as follows:

       Strike all text on page 1, line 2 through page 2, line 3 
     and at the appropriate place in the bill insert the 
     following:

     SEC.   . COOPERATION WITH EFFORTS TO COMBAT MONEY LAUNDERING.

       In determining a country's eligibility for the beneficial 
     trade preferences provided for under this Act, the President 
     shall consider whether such country has taken steps to 
     prevent its financial system from being used to circumvent 
     the criminal laws of the United States relating to money 
     laundering and other illegal financial activities.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2449

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2378 submitted by Mr. Hollings to the bill, H.R. 434, 
supra; as follows:

       Strike all text on line 1 through 10 and at the appropriate 
     place in the bill insert the following:

     SEC.   . LABOR CONDITIONS IN BENEFICIARY COUNTRIES.

       Within one year after the date of enactment of this Act, 
     the President shall report to Congress regarding whether the 
     labor-related conditions in this Act have been effective in 
     encouraging beneficiary countries to take steps to afford 
     internationally recognized worker rights to workers in such 
     beneficiary countries.
                                 ______
                                 

                        ROTH AMENDEMNT NO. 2450

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2379 proposed by Mr. Hollings to the bill, H.R. 434, 
supra; as follows:

       Strike all text on lines 1 through 11 and at the 
     appropriate place in the bill insert the following:

     SEC.   . LABOR CONDITIONS IN BENEFICIARY COUNTRIES.

       Within one year after the date of enactment of this Act, 
     the President shall report to Congress regarding whether the 
     labor-related conditions in this Act have been effective in 
     encouraging beneficiary countries to take steps to afford 
     internationally recognized worker rights to workers in such 
     beneficiary countries.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2451

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to the 
bill, H.R. 434, supra; as follows:

       Strike all text on page 1, line 1 through page 2, line 10 
     and at the appropriate place in the bill insert the 
     following:

     SEC.  . LABOR CONDITIONS IN BENEFICIARY COUNTRIES.

       Within one year after the date of enactment of this Act, 
     the President shall report to Congress regarding whether the 
     labor-related conditions in this Act have been effective in 
     encouraging beneficiary countries to take steps to afford 
     internationally recognized worker rights to workers in such 
     beneficiary countries.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2452

  (Ordered to lie on the table.
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2381 submitted by Mr. Hollings to the bill, H.R. 434, 
supra; as follows:

       Strike all text on page 1, line 3 through page 2, line5 and 
     at the appropriate place in the bill insert the following:

     SEC.   . LABOR CONDITIONS IN BENEFICIARY COUNTRIES,

       Within one year after the date of enactment of this Act, 
     the President shall report to Congress regarding whether the 
     labor-related conditions in this Act have been effective in 
     encouraging beneficiary countries to take steps to afford 
     internationally recognized worker rights to workers in such 
     beneficiary countries.

     SEC.   . ENVIRONMENTAL COOPERATION WITH BENEFICIARY 
                   COUNTRIES.

       With respect to any of the countries eligible for benefits 
     under this Act, the President may, at his discretion, direct 
     the Administrator of the Environmental Protection Agency to 
     prepare a report identifying what actions should be taken on 
     a bilateral or multilateral basis to assist such beneficiary 
     country in taking the steps necessary to improve 
     environmental conditions in that country.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2453

  (Ordered to lie on the table.)
  Mr. ROTH submitted and amendment intended to be proposed by him to 
amendment No. 2382 submitted by Mr. Hollings to the bill, H.R. 434, 
supra; as follows:

       Strike all text on lines 4 through 9 and at the appropriate 
     place in the bill insert the following:
       The benefits provided by this Act and the amendments made 
     by this Act shall terminate immediately if:
       (a) the Bureau of Labor Statistics determines that United 
     States textile and apparel industries have lost 50,000 or 
     more jobs at any time during the first 24 months after the 
     date of enactment of this Act; and,
       (b) the International Trade Commission determines that such 
     job losses are directly attributable to the benefits provided 
     by this Act and are not attributable to any other cause.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2454

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2383 submitted by Mr. Hollings to the bill, H.R. 434, 
supra; as follows:

       Strike all text on lines 4 through 9 and at the appropriate 
     place in the bill insert the following:

     SEC.   . TERMINATION OF BENEFITS IF DOMESTIC INDUSTRY 
                   SUFFERS.

       The benefits provided by this Act and the amendments made 
     by this Act shall terminate immediately if:
       (a) the Bureau of labor Statistics determines that United 
     States textile and apparel industries have lost 50,000 or 
     more jobs at any time during the first 24 months after the 
     date of enactment of this Act; and
       (b) the International Trade Commission determines that such 
     job losses are directly attributable to increased trade 
     resulting from the benefits provided by this Act and are not 
     attributable to any other cause.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2455

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2384 submitted by Mr. Hollings to the bill, H.R. 434, 
supra; as follows:

       Strike all text on lines 1 through 10 and at the 
     appropriate place in the bill insert the following:

     SEC.   . ENVIRONMENTAL COOPERATION WITH BENEFICIARY 
                   COUNTRIES.

       With respect to any of the countries eligible for benefits 
     under this Act, the President may, at his discretion, direct 
     the Administrator of the Environmental Protection Agency to 
     prepare a report identifying what actions should be taken on 
     a bilateral or multilateral basis to assist such beneficiary 
     country in taking the steps necessary to improve 
     environmental conditions in that country.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2456

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2385 submitted by Mr. Hollings to the bill, H.R. 434, 
supra; as follows:

       Strike all text on page 1, line 1 through line 12 and at 
     the appropriate place in the bill insert the following:

     SEC.   . ENVIRONMENTAL COOPERATION WITH BENEFICIARY 
                   COUNTRIES.

       With respect to any of the countries eligible for benefits 
     under this Act, the President may, at his discretion, direct 
     the Administrator of the Environmental Protection Agency to 
     prepare a report identifying what actions should be taken on 
     a bilateral or multilateral basis to assist such beneficiary 
     country in taking the steps necessary to improve 
     environmental conditions in that country.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2457

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2386 submitted by Mr.

[[Page 27813]]

Hollings to the bill, H.R. 434, supra; as follows:

       Strike all text on page 1, line 1 through page 2, line 11 
     and at the appropriate place in the bill insert the 
     following:

     SEC.   . ENVIRONMENTAL COOPERATION WITH BENEFICIARY 
                   COUNTRIES.

       With respect to any of the countries eligible for benefits 
     under this Act, the President may, at his discretion, direct 
     the Administrator of the Environmental Protection Agency to 
     prepare a report identifying what actions should be taken on 
     a bilateral or multilateral basis to assist such beneficiary 
     country in taking the steps necessary to improve 
     environmental conditions in that country.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2458

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2387 submitted by Mr. Hollings to the bill, H.R. 434, 
supra; as follows:

       Strike all text on page 1, line 1 through page 2, line 2 
     and at the appropriate place in the bill insert the 
     following:

     SEC.   . ELIMINATION OF MARKET BARRIERS IN BENEFICIARY 
                   COUNTRIES.

       The President shall take any action he deems necessary 
     under his existing authority to eliminate any trade barriers 
     that, in his view, unduly restrict the access of United 
     States goods, services or investments to the market of a 
     country to which benefits are conferred under this Act.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2459

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2388 submitted by Mr. Hollings to the bill, H.R. 434, 
supra; as follows:

       Strike all text on page 1, line 1 through page 2, line 13 
     and at the appropriate place on the bill insert the 
     following:

     SEC.  MINIMUM WAGE REQUIREMENT.

       (a) Subject to the requirements of subsection (b), the 
     benefits provided by this Act and the amendments made by this 
     Act shall not be available to any country unless the 
     President determines that:
       (1) The country has established by law a requirement that 
     employees in that country who are compensated on an hourly 
     basis be compensated at a rate of not less than $1 per hour; 
     and
       (2) the goods imported from that country that are eligible 
     for such benefits are produced in accordance with that law.
       (b) The requirements of subsection (a) shall not apply in 
     those instances where the beneficiary country has an 
     unemployment rate that exceeds five percent.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2460

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2389 submitted by Mr. Hollings to the bill, H.R. 434, 
supra; as follows:

       Strike all text on page 1, line 1 through page 2, line 3 
     and at the appropriate place in the bill insert the 
     following:

     SEC.  . MINIMUM WAGE REQUIREMENT.

       (a) Subject to the requirements of subsection (b), the 
     benefits provided by this Act and the amendments made by this 
     Act shall not be available to any country unless the 
     President determines that:
       (1) The Country has established by law a requirement that 
     employees in that country who are compensated on an hourly 
     basis be compensated at a rate of not less than $1 per hour; 
     and
       (2) the goods imported from that country that are eligible 
     for such benefits are produced in accordance with that law.
       (b) The requirements of subsection (a) shall not apply in 
     those instances where the beneficiary country has an 
     unemployment rate that exceeds five percent.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2461

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2390 submitted by Mr. Hollings to the bill, H.R. 434, 
supra; as follows:

       Strike all text on page 1, line 10 through page 2, line 9 
     and at the appropriate place in the bill insert the 
     following:
       (d) Prohibition on Imports Made With Child Labor.--
     Consistent with the requirements of section 307 of the Tariff 
     Act of 1930, as amended by this Act, none of the benefits 
     provided by the amendments made by this Act shall be made 
     available to any imports that are made with forced or 
     indentured child labor.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2462

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2391 submitted by Mr. Hollings to the bill, H.R. 434, 
supra; as follows:

       Strike all text on line 2 through line 11 and at the 
     appropriate place in the bill insert the following:

     SEC.  . PROHIBITION ON IMPORTS MADE WITH CHILD LABOR.

       Consistent with the requirements of section 307 of the 
     Tariff Act of 1930, as amended by this Act, none of the 
     benefits provided by the amendments made by this Act shall be 
     made available to any imports that are made with forced or 
     indentured child labor.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2463

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2403 submitted by Mr. Harkin to the bill, H.R. 434, 
supra; as follows:

       Strike all text on page 1, line 1 through page 2, line 6 
     and at the appropriate place in the bill insert the 
     following:

     SEC.  . ELIMINATION OF THE WORST FORMS OF CHILD LABOR.

       In determining a country's eligibility for the benefits 
     under this Act, the President shall consider whether such 
     country has taken or is taking steps to comply with the 
     standards regarding child labor established by the ILO 
     Convention (No. 182) for the Elimination of the Worst Forms 
     of Child Labor.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2464

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2404 submitted by Mr. Harkin to the bill, H.R. 434, 
supra; as follows:

       Strike all text on lines 1 through 10 and at the 
     appropriate place in the bill insert the following:

     SEC.  . ELIMINATION OF THE WORST FORMS OF CHILD LABOR.

       In determining a country's eligibility for the benefits 
     under this Act, the President shall consider whether such 
     country has taken or is taking steps to comply with the 
     standards regarding child labor established by the ILO 
     Convention (No. 182) for the Elimination of the Worst Forms 
     of Child Labor.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2465

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2405 submitted by Mr. Feingold to the bill, H.R. 434, 
supra; as follows:

       Make the following modifications to the text:
       Page 2, on line 13, strike ``section 4'' and replace with 
     ``section 104''.
       Page 4, strike text from top of page to the last unnumbered 
     line.
       Page 4, line 19, redesignate paragraph as paragraph 
     ``(C)''.
       Page 4, line 25, strike ``section 4'' and replace with 
     ``section 104''.
       Page 5, line 8, replace ``section 105'' with ``section 
     115''.
       Page 7, line 5, strike ``section 4'' and replace with 
     ``section 104''.
       Page 7, line 20, strike ``505A'' and replace with ``506B''.
       Page 9, strike all text on that page and replace with the 
     following:
       ``(1) the country adopts an efficient visa system to guard 
     against unlawful transshipment of textile and apparel goods 
     and the use of counterfeit documents; and (2) the country 
     enacts legislation or promulgates regulations that would 
     permit United States Customs Service verification teams to 
     have the access necessary to investigate thoroughly 
     allegations of transshipment through such country.
       Page 14, strike line 22 through page 20, line 22.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2466

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2406 proposed by Mr. Feingold to the bill, H.R. 434, 
supra; as follows:

       Make the following modifications to the text:
       Page 4, strike text from top of page (line 6) through line 
     10.
       Page 4, on line 25, strike ``section 4'' and replace with 
     ``section 104''.
       Page 5, on line 8, replace ``section 105'' with ``section 
     115''.
       Page 7, strike lines 1 through 7.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2467

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to

[[Page 27814]]

amendment No. 2416 submitted by Mr. Hollings to the bill, H.R. 434, 
supra; as follows:

       Strike all text on lines 4 through line 9 and at the 
     appropriate place in the bill insert the following:
       The benefits provided by this Act and the amendments made 
     by this Act shall terminate immediately if:
       (a) The Bureau of Labor Statistics determines that United 
     States textile and apparel industries have lost 50,000 or 
     more jobs at any time during the first 24 months after the 
     date of enactment of this Act; and,
       (b) the International Trade Commission determines that such 
     job losses are directly attributable to increased trade 
     resulting from the benefits provided by this Act and are not 
     attributable to any other cause.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2468

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2417 submitted by Mr. Hollings to the bill, H.R. 434, 
supra; as follows:

       Strike all text on line 1 through line 12 and at the 
     appropriate place in the bill insert the following:

     SEC.   . ENVIRONMENTAL COOPERATION WITH BENEFICIARY 
                   COUNTRIES.

       With respect to any of the countries eligible for benefits 
     under this Act, the President may, at his discretion, direct 
     the Administrator of the Environmental Protection Agency to 
     prepare a report identifying what actions should be taken on 
     a bilateral or multilateral basis to assist such beneficiary 
     country in taking the steps necessary to improve 
     environmental conditions in that country.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2469

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2418 submitted by Mr. Hollings to the bill, H.R. 434, 
supra; as follows:

       Strike all text on page 1, line 1 through page 2, line 2 
     and at the appropriate place in the bill insert the 
     following:

     SEC.   . ELIMINATION OF MARKET BARRIERS IN BENEFICIARY 
                   COUNTRIES.

       The President shall take any action he deems necessary 
     under his existing authority to eliminate any trade barriers 
     that, in his view, unduly restrict the access of United 
     States goods, services or investments to the market of a 
     country to which benefits are conferred under this Act.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2470

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2419 submitted by Mr. Hollings to the bill, H.R. 434, 
supra; as follows:

       Strike all text on page 1, line 1 through page 2, line 5 
     and at the appropriate place in the bill insert the 
     following:

     SEC.   . LABOR CONDITIONS IN BENEFICIARY COUNTRIES.

       Within one year after the date of enactment of this Act, 
     the President shall report to Congress regarding whether the 
     labor-related conditions in this Act have been effective in 
     encouraging beneficiary countries to take steps to afford 
     internationally recognized worker rights to workers in such 
     beneficiary countries.

     SEC.   . ENVIRONMENTAL COOPERATION WITH BENEFICIARY 
                   COUNTRIES.

       With respect to any of the countries eligible for benefits 
     under this Act, the President may, at his discretion, direct 
     the Administrator of the Environmental Protection Agency to 
     prepare a report identifying what actions should be taken on 
     a bilateral or multilateral basis to assist such beneficiary 
     country in taking the steps necessary to improve 
     environmental conditions in that country.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2471

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2421 submitted by Mr. Hollings to the bill, H.R. 434, 
supra; as follows:

       Strike all text on page 1, line 3 through page 2, line 3 
     and at the appropriate place in the bill insert the 
     following:
       (a) Subject to the requirements of subsection (b), the 
     benefits provided by this Act and the amendments made by this 
     Act shall not be available to any country unless the 
     President determines that:
       (1) the country has established by law a requirement that 
     employees in that country who are compensated on an hourly 
     basis be compensated at a rate of not less than $1 per hour; 
     and,
       (2) the goods imported from that country that are eligible 
     for such benefits are produced in accordance with that law.
       (b) The requirements of subsection (a) shall not apply in 
     those instances where the beneficiary country has an 
     unemployment rate that exceeds 5 percent.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2472

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2430 submitted by Ms. Landrieu to the bill, H.R. 434, 
supra; as follows:

       Strike text on page 2, line 1, beginning with ``more than 5 
     times'' and continuing through the end of the text on line 4, 
     and replace with the following: ``at a level where inclusion 
     of that country would undermine the policy objectives set 
     forth in section 103 of Title I of this Act.''
                                 ______
                                 

                   HOLLINGS AMENDMENTS NOS. 2473-2474

  (Ordered to lie on the table.)
  Mr. HOLLINGS submitted two amendments intended to be proposed by him 
to the bill, H.R. 434, supra; as follows:

                           Amendment No. 2473

       At the appropriate place insert the following:

     SEC. ----. RECIPROCAL TRADE AGREEMENTS REQUIRED.

       The benefits provided by the amendments made by this Act 
     shall not be available to any country until the President has 
     negotiated, obtained, and implemented an agreement with the 
     country providing tariff concessions for the importation of 
     United States-made goods that reduce any such import tariffs 
     to rates identical to the tariff rates applied by the United 
     States to that country.
                                  ____


                           Amendment No. 2474

       Strike all after the first word and insert the following:

     SEC.  . RECIPROCAL TRADE AGREEMENTS REQUIRED.

       The benefits provided by the amendments made by this Act 
     shall not be available to any country until the President has 
     negotiated, obtained, and implemented an agreement with the 
     country providing tariff concessions for the importation of 
     United States-made goods that reduce any such import tariffs 
     to rates identical to the tariff rates applied by the United 
     States to that country.
                                 ______
                                 

                        ROTH AMENDMENT NO. 2475

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2428 proposed by Mr. Feingold to the bill, H.R. 434, 
supra; as follows:

       Make the following modifications to the text:
       Page 3, strike lines 5 through 18.
       Page 3, redesignate section ``(E)'' as section ``(C)''.
       Page 7, strike lines 18 through page 8, line 7, and replace 
     with the following text:
       ``(1) the country adopts an efficient visa system to guard 
     against unlawful transshipments of textile and apparel goods 
     and the use of counterfeit documents; and
       ``(2) the country enacts legislation or promulgates 
     regulations that would permit United States Customs 
     verification teams to have the access necessary to 
     investigate thoroughly allegations of transshipments through 
     such country.''
       Page 9, strike line 25 through page 18, line 7, and replace 
     with the following text:
       ``(c) Penalties for Transshipments.--
       ``(1) Penalties for exporters.--If the President 
     determines, based on sufficient evidence, that an exporter 
     has engaged in transshipment with respect to textile or 
     apparel products from a beneficiary sub-Saharan African 
     country, then the President shall deny all benefits under 
     this section and section 506A of the Trade Act of 1974 to 
     such exporter, any successor of such exporter, and any other 
     entity owned or operated by the principal of the exporter for 
     a period of 2 years.
       ``(2) Transshipment described.--Transshipment within the 
     meaning of this subparagraph has occurred when preferential 
     treatment for a textile or apparel article under subsection 
     (a) has been claimed on the basis of material false 
     information concerning the country of origin, manufacture, 
     processing, or assembly of the article of any of its 
     components. For purposes of this clause, false information is 
     material if disclosure of the true information would mean or 
     would have meant that the article is or was ineligible for 
     preferential treatment under subsection (a).
       ``(d) Technical Assistance.--The Customs Service shall 
     provide technical assistance to the beneficiary sub-Saharan 
     African countries for the implementation of the requirements 
     set forth in subsection (a)(1) and (2).
       ``(e) Monitoring and Reports to Congress.--The Customs 
     Service shall monitor

[[Page 27815]]

     and the Commissioner of Customs shall submit to Congress, not 
     later than March 31 of each year, a report on the 
     effectiveness of the anti-circumvention systems described in 
     this section and on measures taken by countries in sub-
     Saharan Africa which export textile or apparel to the United 
     States to prevent circumvention as described in article 5 of 
     the Agreement on Textiles and Clothing.
       ``(f) Safeguard.--The President shall have the authority to 
     impose appropriate remedies, including restrictions on or the 
     removal of quota-free and duty-free treatment provided under 
     this section, in the event that textile and apparel articles 
     from a beneficiary sub-Saharan African country are being 
     imported in such increased quantities as to cause serious 
     damage, or actual threat thereof, to the domestic industry 
     producing like or directly competitive articles. The 
     President shall exercise his authority under this subsection 
     consistent with the Agreement on Textiles and Clothing.
       ``(g) Definitions.--In this section:
       ``(1) Agreement on Textiles and Clothing.--The term 
     `Agreement on Textiles and Clothing' means the Agreement on 
     Textiles and Clothing referred to in section 101(d)(4) of the 
     Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)).
       ``(2) Beneficiary sub-saharan african country, etc.--The 
     terms `beneficiary sub-Saharan African countries' and 
     `beneficiary sub-Saharan African countries' have the same 
     meaning as such terms have under section 506A(c) of the Trade 
     Act of 1974.
       ``(3) Customs service.--The term `Customs Service' means 
     the United States Customs Service.''
                                 ______
                                 

                        ROTH AMENDMENT NO. 2476

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to 
amendment No. 2427 submitted by Mr. Feingold to the bill, H.R. 434, 
supra; as follows:

       Make the following modifications to the text:
       Page 1, strike text beginning on line 3 through page 23, 
     line 11, and replace with the following:

     ``SEC. 111. ELIGIBILITY FOR CERTAIN BENEFITS.

       ``(a) In General.--Title V of the Trade Act of 1974 is 
     amended by inserting after section 506 the following new 
     section:

     ``SEC. 506A. DESIGNATION OF SUB-SAHARAN AFRICAN COUNTRIES FOR 
                   CERTAIN BENEFITS.

       ``(a) Authority To Designate.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the President is authorized to designate a country 
     listed in section 4 of the African Growth and Opportunity Act 
     as a beneficiary sub-Saharan African country eligible for the 
     benefits described in subsection (b), if the President 
     determines that the country--
       ``(A) has established, or is making continual progress 
     toward establishing--
       ``(i) a market-based economy, where private property rights 
     are protected and the principles of an open, rules-based 
     trading system are observed;
       ``(ii) a democratic society, where the rule of law, 
     political freedom, participatory democracy, and the right to 
     due process and a fair trial are observed;
       ``(iii) an open trading system through the elimination of 
     barriers to United States trade and investment and the 
     resolution of bilateral trade and investment disputes; and
       ``(iv) economic policies to reduce poverty, increase the 
     availability of health care and educational opportunities, 
     expand physical infrastructure, and promote the establishment 
     of private enterprise;
       ``(B) does not engage in gross violations of 
     internationally recognized human rights or provide support 
     for acts of international terrorism and cooperates in 
     international efforts to eliminate human rights violations 
     and terrorist activities; and
       ``(C) subject to the authority granted to the President 
     under section 502 (a), (d), and (e), otherwise satisfies the 
     eligibility criteria set forth in section 502.
       ``(2) Monitoring and review of certain countries.--The 
     President shall monitor and review the progress of each 
     country listed in section 4 of the African Growth and 
     Opportunity Act in meeting the requirements described in 
     paragraph (1) in order to determine the current or potential 
     eligibility of each country to be designated as a beneficiary 
     sub-Saharan African country for purposes of subsection (a). 
     The President shall include the reasons for the President's 
     determinations in the annual report required by section 105 
     of the African Growth and Opportunity Act.
       ``(3) Continuing compliance.--If the President determines 
     that a beneficiary sub-Saharan African country is not making 
     continual progress in meeting the requirements described in 
     paragraph (1), the President shall terminate the designation 
     of that country as a beneficiary sub-Saharan African country 
     for purposes of this section, effective on January 1 of the 
     year following the year in which such determination is made.
       ``(b) Preferential Tariff Treatment for Certain Articles.--
       ``(1) In general.--The President may provide duty-free 
     treatment for any article described in section 503(b)(1) (B) 
     through (G) (except for textile luggage) that is the growth, 
     product, or manufacture of a beneficiary sub-Saharan African 
     country described in subsection (a), if, after receiving the 
     advice of the International Trade Commission in accordance 
     with section 503(e), the President determines that such 
     article is not import-sensitive in the context of imports 
     from beneficiary sub-Saharan African countries.
       ``(2) Rules of origin.--The duty-free treatment provided 
     under paragraph (1) shall apply to any article described in 
     that paragraph that meets the requirements of section 
     503(a)(2), except that--
       ``(A) if the cost or value of materials produced in the 
     customs territory of the United States is included with 
     respect to that article, an amount not to exceed 15 percent 
     of the appraised value of the article at the time it is 
     entered that is attributed to such United States cost or 
     value may be applied toward determining the percentage 
     referred to in subparagraph (A) of section 503(a)(2); and
       ``(B) the cost or value of the materials included with 
     respect to that article that are produced in one or more 
     beneficiary sub-Saharan African countries shall be applied in 
     determining such percentage.
       ``(c) Beneficiary Sub-Saharan African Countries, Etc.--For 
     purposes of this title, the terms `beneficiary sub-Saharan 
     African country' and beneficiary sub-Saharan African 
     countries' mean a country or countries listed in section 104 
     of the African Growth and Opportunity Act that the President 
     has determined is eligible under subsection (a) of this 
     section.''.
       (b) Waiver of Competitive Need Limitation.--Section 
     503(c)(2)(D) of the Trade Act of 1974 (19 U.S.C. 
     2463(c)(2)(D)) is amended to read as follows:
       (D) Least-developed beneficiary developing countries and 
     beneficiary sub-saharan african countries.--Subparagraph (A) 
     shall not apply to any least-developed beneficiary developing 
     country or any beneficiary sub-Saharan African country.''.
       (c) Termination.--Title V of the Trade Act of 1974 is 
     amended by inserting after section 505 of the following new 
     section:

     ``SEC. 505A. TERMINATION OF BENEFITS FOR SUB-SAHARAN AFRICAN 
                   COUNTRIES.

       ``In the case of a country listed in section 4 of the 
     African Growth and Opportunity Act that is a beneficiary 
     developing country, duty-free treatment provided under this 
     title shall remain in effect through September 30, 2006.''.
       (d) Clerical Amendments.--The table of contents for title V 
     of the Trade Act of 1974 is amended--
       (1) by inserting after the item relating to section 505 the 
     following new item: ``505A. Termination of benefits for sub-
     Saharan African countries.''; and
       (2) by inserting after the item relating to section 506 the 
     following new item: ``506A. Designation of sub-Saharan 
     African countries for certain benefits.''.
       (e) Effective Date.--The amendments made by this section 
     take effect on October 1, 1999.

     SEC. 112. TREATMENT OF CERTAIN TEXTILES AND APPAREL.

       (a) Preferential Treatment.--Notwithstanding any other 
     provision of law, textile and apparel articles described in 
     subsection (b) (including textile luggage) imported from a 
     beneficiary sub-Saharan African country, described in section 
     506A(c) of the Trade Act of 1974, shall enter the United 
     States free of duty and free of any quantitative limitations, 
     if--
       (1) the country adopts an efficient visa system to guard 
     against unlawful transshipment of textile and apparel goods 
     and the use of counterfeit documents; and
       (2) the country enacts legislation or promulgates 
     regulations that would permit United States customs 
     verification teams to have the access necessary to 
     investigate thoroughly allegations of transshipment through 
     such country.
       (b) Products Covered.--The preferential treatment described 
     in subsection (a) shall apply only to the following textile 
     and apparel products:
       (1) Apparel articles assembled in beneficiary sub-saharan 
     african countries.--Apparel articles assembled in one or more 
     beneficiary sub-Saharan African countries from fabrics wholly 
     formed and cut in the United States, from yarns wholly formed 
     in the United States that are--
       (A) entered under subheading 9802.00.80 of the Harmonized 
     Tariff Schedule of the United States; or
       (B) entered under chapter 61 or 62 of the Harmonized Tariff 
     Schedule of the United States, if, after such assembly, the 
     articles would have qualified for entry under subheading 
     9802.00.80 of the Harmonized Tariff Schedule of the United 
     States but for the fact that the articles were subjected to 
     stone-washing, enzyme-washing, acid washing, perma-pressing, 
     oven-baking, bleaching, garment-dyeing, or other similar 
     processes.
       (2) Apparel articles cut and assembled in beneficiary sub-
     saharan african countries.--Apprel articles cut in one or 
     more beneficiary sub-Saharan African countries from fabric 
     wholly formed in the United States from yarns wholly formed 
     in the

[[Page 27816]]

     United States, if such articles are assembled in one or more 
     beneficiary sub-Saharan African countries with thread formed 
     in the United States.
       (3) Handloomed, handmade, and folklore articles.--A 
     handloomed, handmade, or folklore article of a beneficiary 
     sub-Saharan African country or countries that is certified as 
     such by the competent authority of such beneficiary country 
     or countries. For purposes of this paragraph, the President, 
     after consultation with the beneficiary sub-Saharan African 
     country or countries concerned, shall determine which, if 
     any, particular textile and apparel goods of the country (or 
     countries) shall be treated as being handloomed, handmade, or 
     folklore goods.
       (c) Penalties for Transshipments.--
       (1) Penalties for exporters.--If the President determines, 
     based on sufficient evidence, that an exporter has engaged in 
     transshipment with respect to textile or apparel products 
     from a beneficiary sub-Saharan African country, then the 
     President shall deny all benefits under this section and 
     section 506A of the Trade Act of 1974 to such exporter, any 
     successor of such exporter, and any other entity owned or 
     operated by the principal of the exporter for a period of 2 
     years.
       (2) Transshipment described.--Transshipment within the 
     meaning of this subparagraph has occurred when preferential 
     treatment for a textile or apparel article under subsection 
     (a) has been claimed on the basis of material false 
     information concerning the country of origin, manufacture, 
     processing, or assembly of the article or any of its 
     components. For purposes of this clause, false information is 
     material if disclosure of the true information would mean or 
     would have meant that the article is or was ineligible for 
     preferential treatment under subsection (a).
       (d) Technical Assistance.--The Customs Service shall 
     provide technical assistance to the beneficiary sub-Saharan 
     African countries for the implementation of the requirements 
     set forth in subsection (a)(1) and (2).
       (e) Monitoring and Reports to Congress.--The Customs 
     Service shall monitor and the Commissioner of Customs shall 
     submit to Congress not later than March 31 of each year, a 
     report on the effectiveness of the anti-circumvention system 
     described in this section and on measures taken by countries 
     in sub-Saharan Africa which export textiles or apparel to the 
     United States to prevent circumvention as described in 
     article 5 of the Agreement on Textiles and Clothing.
       (f) Safeguard.--The President shall have the authority to 
     impose appropriate remedies, including restrictions on or the 
     removal of quota-free and duty-free treatment provided under 
     this section, in the event that textile and apparel articles 
     from a beneficiary sub-Saharan African country are being 
     imported in such increased quantities as to cause serious 
     damage, or actual threat thereof, to the domestic industry 
     producing like or directly competitive articles. The 
     President shall exercise his authority under this subsection 
     consistent with the Agreement on Textile and Clothing.
       (g) Definitions.--In this section:
       (1) Agreement on textiles and clothing.--The term 
     ``Agreement on Textiles and Clothing'' means the Agreement on 
     Textiles and Clothing referred to in section 101(d)(4) of the 
     Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)).
       (2) Beneficiary sub-saharan african country, etc.--The 
     terms ``beneficiary sub-Saharan African country'' and 
     ``beneficiary sub-Saharan African countries'' have the same 
     meaning as such terms have under section 506A(c) of the Trade 
     Act of 1974.
       (3) Customs service.--The term ``Customs Service'' means 
     the United States Customs Service.
       (h) Effective Date.--The amendments made by this section 
     take effect on October 1, 1999 and shall remain in effect 
     through September 30, 2006.
       Page 23, line 12, redesignate section 114 as section 113.
       Page 25, after line 8, insert the following text:

     ``SEC. 114. UNITED STATES-SUB-SAHARAN AFRICA FREE TRADE AREA.

       ``(a) In General.--The President shall examine the 
     feasibility of negotiating a free trade agreement (or 
     agreements) with interested sub-Saharan African countries.
       ``(b) Report to Congress.--Not later than 12 months after 
     the date of enactment of this Act, the President shall submit 
     a report to the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives 
     regarding the President's conclusions on the feasibility of 
     negotiating such agreement (or agreements). If the President 
     determines that the negotiation of any such free trade 
     agreement is feasible, the President shall provide a detailed 
     plan for such negotiation that outlines the objectives, 
     timing, any potential benefits to the United States and sub-
     Saharan Africa, and the likely economic impact of any such 
     agreement.''.
                                 ______
                                 

                        KERRY AMENDMENT NO. 2477

  (Ordered to lie on the table.)
  Mr. KERRY submitted an amendment intended to be proposed by him to 
the bill, H.R. 434, supra; as follows:

       At the appropriate place, insert:

     SEC. __. CREDIT FOR MEDICAL RESEARCH RELATED TO DEVELOPING 
                   VACCINES AGAINST WIDESPREAD DISEASES.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 (relating to business related credits) is amended 
     by adding at the end the following new section:

     ``SEC. 45D. CREDIT FOR MEDICAL RESEARCH RELATED TO DEVELOPING 
                   VACCINES AGAINST WIDESPREAD DISEASES.

       ``(a) General Rule.--For purposes of section 38, the 
     vaccine research credit determined under this section for the 
     taxable year is an amount equal to 30 percent of the 
     qualified vaccine research expenses for the taxable year.
       ``(b) Qualified Vaccine Research Expenses.--For purposes of 
     this section--
       ``(1) Qualified vaccine research expenses.--
       ``(A) In general.--Except as otherwise provided in this 
     paragraph, the term `qualified vaccine research expenses' 
     means the amounts which are paid or incurred by the taxpayer 
     during the taxable year which would be described in 
     subsection (b) of section 41 if such subsection were applied 
     with the modifications set forth in subparagraph (B).
       ``(B) Modifications.--For purposes of subparagraph (A), 
     subsection (b) of section 41 shall be applied--
       ``(i) by substituting `vaccine research' for `qualified 
     research' each place it appears in paragraphs (2) and (3) of 
     such subsection, and
       ``(ii) by substituting `75 percent' for `65 percent' in 
     paragraph (3)(A) of such subsection.
       ``(C) Exclusion for amounts funded by grants, etc.--The 
     term `qualified vaccine research expenses' shall not include 
     any amount to the extent such amount is funded by any grant, 
     contract, or otherwise by another person (or any governmental 
     entity).
       ``(2) Vaccine research.--The term `vaccine research' means 
     research to develop vaccines and microbicides for--
       ``(A) malaria,
       ``(B) tuberculosis, or
       ``(C) HIV.
       ``(c) Coordination With Credit for Increasing Research 
     Expenditures.--
       ``(1) In general.--Except as provided in paragraph (2), any 
     qualified vaccine research expenses for a taxable year to 
     which an election under this section applies shall not be 
     taken into account for purposes of determining the credit 
     allowable under section 41 for such taxable year.
       ``(2) Expenses included in determining base period research 
     expenses.--Any qualified vaccine research expenses for any 
     taxable year which are qualified research expenses (within 
     the meaning of section 41(b)) shall be taken into account in 
     determining base period research expenses for purposes of 
     applying section 41 to subsequent taxable years.
       ``(d) Special Rules.--
       ``(1) Limitations on foreign testing.--No credit shall be 
     allowed under this section with respect to any vaccine 
     research (other than human clinical testing) conducted 
     outside the United States by any entity which is not 
     registered with the Secretary.
       ``(2) Certain rules made applicable.--Rules similar to the 
     rules of paragraphs (1) and (2) of section 41(f) shall apply 
     for purposes of this section.
       ``(3) Election.--This section (other than subsection (e)) 
     shall apply to any taxpayer for any taxable year only if such 
     taxpayer elects to have this section apply for such taxable 
     year.
       ``(e) Shareholder Equity Investment Credit in Lieu of 
     Research Credit.--
       ``(1) In general.--For purposes of section 38, the vaccine 
     research credit determined under this section for the taxable 
     year shall include an amount equal to 20 percent of the 
     amount paid by the taxpayer to acquire qualified research 
     stock in a corporation if--
       ``(A) the amount received by the corporation for such stock 
     is used within 18 months after the amount is received to pay 
     qualified vaccine research expenses of the corporation for 
     which a credit would (but for subparagraph (B) and subsection 
     (d)(3)) be determined under this section, and
       ``(B) the corporation waives its right to the credit 
     determined under this section for the qualified vaccine 
     research expenses which are paid with such amount.
       ``(2) Qualified research stock.--For purposes of paragraph 
     (1), the term `qualified research stock' means any stock in a 
     C corporation--
       ``(A) which is originally issued after the date of the 
     enactment of the Lifesaving Vaccine Technology Act of 1999,
       ``(B) which is acquired by the taxpayer at its original 
     issue (directly or through an underwriter) in exchange for 
     money or other property (not including stock), and
       ``(C) as of the date of issuance, such corporation meets 
     the gross assets tests of subparagraphs (A) and (B) of 
     section 1202(d)(1).
       ``(f) Termination.--This section shall not apply to any 
     amount paid or incurred after December 31, 2000.''
       (b) Inclusion in General Business Credit.--
       (1) In general.--Section 38(b) (relating to current year 
     business credit) is amended by striking ``plus'' at the end 
     of paragraph (11),

[[Page 27817]]

     by striking the period at the end of paragraph (12) and 
     inserting ``, plus'', and by adding at the end the following 
     new paragraph:
       ``(13) the vaccine research credit determined under section 
     45D.''.
       (2) Transition rule.--Section 39(d) (relating to 
     transitional rules) is amended by adding at the end the 
     following new paragraph:
       ``(9) No carryback of section 45d credit before 
     enactment.--No portion of the unused business credit for any 
     taxable year which is attributable to the vaccine research 
     credit determined under section 45D may be carried back to a 
     taxable year ending before the date of the enactment of 
     section 45D.''.
       (c) Denial of Double Benefit.--Section 280C (relating to 
     certain expenses for which credits are allowable) is amended 
     by adding at the end the following new subsection:
       ``(d) Credit for Qualified Vaccine Research Expenses.--
       ``(1) In general.--No deduction shall be allowed for that 
     portion of the qualified vaccine research expenses (as 
     defined in section 45D(b)) otherwise allowable as a deduction 
     for the taxable year which is equal to the amount of the 
     credit determined for such taxable year under section 45D(a).
       ``(2) Certain rules to apply.--Rules similar to the rules 
     of paragraphs (2), (3), and (4) of subsection (c) shall apply 
     for purposes of this subsection.''.
       (d) Deduction for Unused Portion of Credit.--Section 196(c) 
     (defining qualified business credits) is amended by striking 
     ``and'' at the end of paragraph (7), by striking the period 
     at the end of paragraph (8) and inserting ``, and'', and by 
     adding at the end the following new paragraph:
       ``(9) the vaccine research credit determined under section 
     45D(a) (other than such credit determined under the rules of 
     section 280C(d)(2)).''.
       (e) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 is amended by 
     adding at the end the following new item:

``Sec. 45D. Credit for medical research related to developing vaccines 
              against widespread diseases.''.

       (f) Effective Date.--Except as provided in subsection (k), 
     the amendments made by this section shall apply to amounts 
     paid or incurred after December 31, 1999, in taxable years 
     ending after such date.
       (g) Distribution of Vaccines Developed Using Credit.--It is 
     the sense of Congress that if a tax credit is allowed under 
     section 45D of the Internal Revenue Code of 1986 (as added by 
     subsection (a)) to any corporation or shareholder of a 
     corporation by reason of vaccine research expenses incurred 
     by the corporation in the development of a vaccine, such 
     corporation should certify to the Secretary of the Treasury 
     that, within 1 year after that vaccine is first licensed, 
     such corporation will establish a good faith plan to maximize 
     international access to high quality and affordable vaccines.
       (h) Study.--The Secretary of the Treasury, in consultation 
     with the Institute of Medicine, shall conduct a study of the 
     effectiveness of the credit under section 45D of the Internal 
     Revenue Code of 1986 (as so added) in stimulating vaccine 
     research. Not later than the date which is 4 years after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the Congress the results of such study together with any 
     recommendations the Secretary may have to improve the 
     effectiveness of such credit in stimulating vaccine research.
       (i) Acceleration of Introduction of Priority Vaccines.--It 
     is the sense of Congress that the President and Federal 
     agencies (including the Department of State, the Department 
     of Health and Human Services, and the Department of the 
     Treasury) should work together in vigorous support of the 
     creation and funding of a multi-lateral, international 
     effort, such as a vaccine purchase fund, to accelerate the 
     introduction of vaccines to which the tax credit under 
     section 45D of the Internal Revenue Code of 1986 (as so 
     added) applies and of other priority vaccines into the 
     poorest countries in the world.
       (j) Flexible Pricing.--It is the sense of Congress that 
     flexible or differential pricing for vaccines, providing 
     lowered prices for the poorest countries, is one of several 
     valid strategies to accelerate the introduction of vaccines 
     in developing countries.
       (k) Extension of Internal Revenue Service User Fees.--
       (1) In general.--Chapter 77 (relating to miscellaneous 
     provisions) is amended by adding at the end the following new 
     section:

     ``SEC. 7527. INTERNAL REVENUE SERVICE USER FEES.

       ``(a) General Rule.--The Secretary shall establish a 
     program requiring the payment of user fees for--
       ``(1) requests to the Internal Revenue Service for ruling 
     letters, opinion letters, and determination letters, and
       ``(2) other similar requests.
       ``(b) Program Criteria.--
       ``(1) In general.--The fees charged under the program 
     required by subsection (a)--
       ``(A) shall vary according to categories (or subcategories) 
     established by the Secretary,
       ``(B) shall be determined after taking into account the 
     average time for (and difficulty of) complying with requests 
     in each category (and subcategory), and
       ``(C) shall be payable in advance.
       ``(2) Exemptions, etc.--The Secretary shall provide for 
     such exemptions (and reduced fees) under such program as the 
     Secretary determines to be appropriate.
       ``(3) Average fee requirement.--The average fee charged 
     under the program required by subsection (a) shall not be 
     less than the amount determined under the following table:

``Category:                                                Average Fee:
  Employee plan ruling and opinion............................$250 ....

  Exempt organization ruling..................................$350 ....

  Employee plan determination.................................$300 ....

  Exempt organization determination...........................$275 ....

  Chief counsel ruling........................................$200.....

       ``(c) Termination.--No fee shall be imposed under this 
     section with respect to requests made after September 30, 
     2009.''.
       (2) Conforming amendments.--
       (A) The table of sections for chapter 77 is amended by 
     adding at the end the following new item:

``Sec. 7527. Internal Revenue Service user fees.''.

       (B) Section 10511 of the Revenue Act of 1987 is repealed.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to requests made after the date of the enactment 
     of this Act.

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