[Congressional Record (Bound Edition), Volume 150 (2004), Part 3]
[Senate]
[Pages 3488-3504]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

                                 ______
                                 
  SA 2676. Mr. DASCHLE submitted an amendment intended to be proposed 
by him to the bill S. 1637, to amend the Internal Revenue Code of 1986 
to comply with the World Trade Organization rulings on the FSC/ETI 
benefit in a manner that preserves jobs and production activities in 
the United States, to reform and simplify the international taxation 
rules of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 179, after line 25, add the following:

     SEC. __. INCREASE IN HISTORIC REHABILITATION CREDIT FOR 
                   CERTAIN LOW-INCOME HOUSING FOR THE ELDERLY.

       (a) In General.--Section 47 (relating to rehabilitation 
     credit) is amended by adding at the end the following new 
     subsection:
       ``(e) Special Rule Regarding Certain Historic Structures.--
     In the case of any qualified rehabilitation expenditure with 
     respect to any certified historic structure--
       ``(1) which is placed in service after the date of the 
     enactment of this subsection,
       ``(2) which is part of a qualified low-income building with 
     respect to which a credit under section 42 is allowed, and
       ``(3) substantially all of the residential rental units of 
     which are used for tenants who have attained the age of 65,
     subsection (a)(2) shall be applied by substituting `25 
     percent' for `20 percent'.''.
       (b) Application of MACRS.--The Internal Revenue Code of 
     1986 shall be applied and administered as if paragraph (4)(X) 
     of section 251(d) of the Tax Reform Act of 1986 as applied to 
     the amendments made by section 201 of such Act had not been 
     enacted with respect to any property described in such 
     paragraph and placed in service after the date of the 
     enactment of this Act.
       (c) Effective Date.--The amendment made by subsection (a) 
     shall apply to property placed in service after the date of 
     the enactment of this Act.
                                 ______
                                 
  SA 2677. Mr. DASCHLE submitted an amendment intended to be proposed 
by him to the bill S. 1637, to amend the Internal Revenue Code of 1986 
to comply with the World Trade Organization rulings on the FSC/ETI 
benefit in a manner that preserves jobs and production activities in 
the United States, to reform and simplify the international taxation 
rules of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 179, after line 25, insert the following:

     SEC. . NEW MARKETS TAX CREDIT FOR NATIVE AMERICAN 
                   RESERVATIONS.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 (relating to business related credits) is amended 
     by redesignating sections 45E and 45F as sections 45F and 
     45G, respectively, and by inserting after section 45E the 
     following new section:

     ``SEC. 45D. NEW MARKETS TAX CREDIT FOR NATIVE AMERICAN 
                   RESERVATIONS.

       ``(a) Allowance of Credit.--
       ``(1) In general.--For purposes of section 38, in the case 
     of a taxpayer who holds a qualified equity investment on a 
     credit allowance date of such investment which occurs during 
     the taxable year, the Native American new markets tax credit 
     determined under this section for such taxable year is an 
     amount equal to the applicable percentage of the amount paid 
     to the reservation development entity for such investment at 
     its original issue.
       ``(2) Applicable percentage.--For purposes of paragraph 
     (1), the applicable percentage is--
       ``(A) 5 percent with respect to the first 3 credit 
     allowance dates, and
       ``(B) 6 percent with respect to the remainder of the credit 
     allowance dates.
       ``(3) Credit allowance date.--For purposes of paragraph 
     (1), the term `credit allowance date' means, with respect to 
     any qualified equity investment--
       ``(A) the date on which such investment is initially made, 
     and
       ``(B) each of the 6 anniversary dates of such date 
     thereafter.
       ``(b) Qualified Equity Investment.--For purposes of this 
     section--
       ``(1) In general.--The term `qualified equity investment' 
     means any equity investment in a reservation development 
     entity if--
       ``(A) such investment is acquired by the taxpayer at its 
     original issue (directly or through an underwriter) solely in 
     exchange for cash,
       ``(B) substantially all of such cash is used by the 
     reservation development entity to make qualified low-income 
     reservation investments, and
       ``(C) such investment is designated for purposes of this 
     section by the reservation development entity.

     Such term shall not include any equity investment issued by a 
     reservation development entity more than 5 years after the 
     date that such entity receives an allocation under subsection 
     (f). Any allocation not used within such 5-year period may be 
     reallocated by the Secretary under subsection (f).
       ``(2) Limitation.--The maximum amount of equity investments 
     issued by a reservation development entity which may be 
     designated under paragraph (1)(C) by such entity shall not 
     exceed the portion of the limitation amount allocated under 
     subsection (f) to such entity.
       ``(3) Safe harbor for determining use of cash.--The 
     requirement of paragraph (1)(B) shall be treated as met if at 
     least 85 percent of the aggregate gross assets of the 
     reservation development entity are invested in qualified low-
     income reservation investments.
       ``(4) Treatment of subsequent purchasers.--The term 
     `qualified equity investment' includes any equity investment 
     which would (but for paragraph (1)(A)) be a qualified equity 
     investment in the hands of the taxpayer if such investment 
     was a qualified equity investment in the hands of a prior 
     holder.
       ``(5) Redemptions.--A rule similar to the rule of section 
     1202(c)(3) shall apply for purposes of this subsection.
       ``(6) Equity investment.--The term `equity investment' 
     means--
       ``(A) any stock (other than nonqualified preferred stock as 
     defined in section 351(g)(2)) in an entity which is a 
     corporation, and
       ``(B) any capital interest in an entity which is a 
     partnership.
       ``(c) Reservation Development Entity.--For purposes of this 
     section--
       ``(1) In general.--The term `reservation development 
     entity' means any domestic corporation or partnership if--
       ``(A) the primary mission of the entity is serving, or 
     providing investment capital for, low-income reservations,
       ``(B) the entity maintains accountability to residents of 
     low-income reservations through their representation on any 
     governing board of the entity or on any advisory board to the 
     entity, and
       ``(C) the entity is certified by the Secretary for purposes 
     of this section as being a reservation development entity.
       ``(2) Exception.--For purposes of subparagraph (C) of 
     paragraph (1), the Secretary shall not certify an entity as a 
     reservation development entity if such entity is also 
     certified as a qualified community development entity under 
     section 45D(c).
       ``(d) Qualified Low-Income Reservation Investments.--For 
     purposes of this section--
       ``(1) In general.--The term `qualified low-income 
     reservation investment' means--
       ``(A) any capital or equity investment in, or loan to, any 
     qualified active low-income reservation business,
       ``(B) the purchase from another reservation development 
     entity of any loan made by such entity which is a qualified 
     low-income reservation investment,
       ``(C) financial counseling and other services specified in 
     regulations prescribed by the Secretary to businesses located 
     in, and residents of, low-income reservations, and
       ``(D) any equity investment in, or loan to, any reservation 
     development entity.
       ``(2) Qualified active low-income reservation business.--
       ``(A) In general.--For purposes of paragraph (1), the term 
     `qualified active low-income reservation business' means, 
     with respect to any taxable year, any corporation (including 
     a nonprofit corporation) or partnership if for such year--
       ``(i) at least 50 percent of the total gross income of such 
     entity is derived from the active conduct of a qualified 
     business within any low-income reservation,
       ``(ii) a substantial portion of the use of the tangible 
     property of such entity (whether owned or leased) is within 
     any low-income reservation,
       ``(iii) a substantial portion of the services performed for 
     such entity by its employees are performed in any low-income 
     reservation,
       ``(iv) less than 5 percent of the average of the aggregate 
     unadjusted bases of the property of such entity is 
     attributable to collectibles (as defined in section 
     408(m)(2)) other than collectibles that are held primarily 
     for sale to customers in the ordinary course of such 
     business, and
       ``(v) less than 5 percent of the average of the aggregate 
     unadjusted bases of the property of such entity is 
     attributable to nonqualified financial property (as defined 
     in section 1397C(e)).
       ``(B) Proprietorship.--Such term shall include any business 
     carried on by an individual as a proprietor if such business 
     would

[[Page 3489]]

     meet the requirements of subparagraph (A) were it 
     incorporated.
       ``(C) Portions of business may be qualified active low-
     income reservation business.--The term `qualified active low-
     income reservation business' includes any trades or 
     businesses which would qualify as a qualified active low-
     income reservation business if such trades or businesses were 
     separately incorporated.
       ``(3) Qualified business.--For purposes of this subsection, 
     the term `qualified business' has the meaning given to such 
     term by section 45D(d)(3).
       ``(e) Low-Income Reservation.--For purposes of this 
     section, the term `low-income reservation' means any Indian 
     reservation (as defined in section 168(j)(6)) which has a 
     poverty rate of at least 40 percent.
       ``(f) National Limitation on Amount of Investments 
     Designated.--
       ``(1) In general.--There is a Native American new markets 
     tax credit limitation of $50,000,000 for each of calendar 
     years 2004 through 2007.
       ``(2) Allocation of limitation.--The limitation under 
     paragraph (1) shall be allocated by the Secretary among 
     reservation development entities selected by the Secretary. 
     In making allocations under the preceding sentence, the 
     Secretary shall give priority to any entity--
       ``(A) with a record of having successfully provided capital 
     or technical assistance to disadvantaged businesses or 
     communities, or
       ``(B) which intends to satisfy the requirement under 
     subsection (b)(1)(B) by making qualified low-income 
     reservation investments in 1 or more businesses in which 
     persons unrelated to such entity (within the meaning of 
     section 267(b) or 707(b)(1)) hold the majority equity 
     interest.
       ``(3) Carryover of unused limitation.--If the Native 
     American new markets tax credit limitation for any calendar 
     year exceeds the aggregate amount allocated under paragraph 
     (2) for such year, such limitation for the succeeding 
     calendar year shall be increased by the amount of such 
     excess. No amount may be carried under the preceding sentence 
     to any calendar year after 2014.
       ``(g) Recapture of Credit in Certain Cases.--
       ``(1) In general.--If, at any time during the 7-year period 
     beginning on the date of the original issue of a qualified 
     equity investment in a reservation development entity, there 
     is a recapture event with respect to such investment, then 
     the tax imposed by this chapter for the taxable year in which 
     such event occurs shall be increased by the credit recapture 
     amount.
       ``(2) Credit recapture amount.--For purposes of paragraph 
     (1), the credit recapture amount is an amount equal to the 
     sum of--
       ``(A) the aggregate decrease in the credits allowed to the 
     taxpayer under section 38 for all prior taxable years which 
     would have resulted if no credit had been determined under 
     this section with respect to such investment, plus
       ``(B) interest at the underpayment rate established under 
     section 6621 on the amount determined under subparagraph (A) 
     for each prior taxable year for the period beginning on the 
     due date for filing the return for the prior taxable year 
     involved.
     No deduction shall be allowed under this chapter for interest 
     described in subparagraph (B).
       ``(3) Recapture event.--For purposes of paragraph (1), 
     there is a recapture event with respect to an equity 
     investment in a reservation development entity if--
       ``(A) such entity ceases to be a reservation development 
     entity,
       ``(B) the proceeds of the investment cease to be used as 
     required of subsection (b)(1)(B), or
       ``(C) such investment is redeemed by such entity.
       ``(4) Special rules.--
       ``(A) Tax benefit rule.--The tax for the taxable year shall 
     be increased under paragraph (1) only with respect to credits 
     allowed by reason of this section which were used to reduce 
     tax liability. In the case of credits not so used to reduce 
     tax liability, the carryforwards and carrybacks under section 
     39 shall be appropriately adjusted.
       ``(B) No credits against tax.--Any increase in tax under 
     this subsection shall not be treated as a tax imposed by this 
     chapter for purposes of determining the amount of any credit 
     under this chapter or for purposes of section 55.
       ``(h) Basis Reduction.--The basis of any qualified equity 
     investment shall be reduced by the amount of any credit 
     determined under this section with respect to such 
     investment. This subsection shall not apply for purposes of 
     sections 1202, 1400B, and 1400F.
       ``(i) Regulations.--The Secretary shall prescribe such 
     regulations as may be appropriate to carry out this section, 
     including regulations--
       ``(1) which limit the credit for investments which are 
     directly or indirectly subsidized by other Federal tax 
     benefits (including the credit under section 42 and the 
     exclusion from gross income under section 103),
       ``(2) which prevent the abuse of the purposes of this 
     section,
       ``(3) which provide rules for determining whether the 
     requirement of subsection (b)(1)(B) is treated as met,
       ``(4) which impose appropriate reporting requirements, and
       ``(5) which apply the provisions of this section to newly 
     formed entities.''.
       (b) Credit Made Part of General Business Credit.--
       (1) In general.--Subsection (b) of section 38 is amended by 
     redesignating paragraphs (14) and (15) as paragraphs (15) and 
     (16), respectively, and by inserting after paragraph (13) the 
     following new paragraph:
       ``(14) the Native American new markets tax credit 
     determined under section 45E(a),''.
       (2) Limitation on carryback.--Subsection (d) of section 39 
     is amended by redesignating paragraph (10) as paragraph (11) 
     and by inserting after paragraph (9) the following new 
     paragraph:
       ``(10) No carryback of native american new markets tax 
     credit before january 1, 2004.--No portion of the unused 
     business credit for any taxable year which is attributable to 
     the credit under section 45E may be carried back to a taxable 
     year ending before January 1, 2004.''.
       (c) Deduction for Unused Credit.--Subsection (c) of section 
     196 is amended by redesignating paragraph (10) as paragraph 
     (11), by striking ``and'' at the end of paragraph (9), and by 
     inserting after paragraph (9) the following new paragraph:
       ``(10) the Native American new markets tax credit 
     determined under section 45E(a), and''.
       (d) Conforming Amendments.--
       (1) Section 38(b)(15), as redesignated by subsection 
     (b)(1), is amended--
       (A) by striking ``45E(c)'' and inserting ``45F(c)'', and
       (B) by striking ``45E(a)'' and inserting ``45F(a)''.
       (2) Section 38(b)(16), as redesignated by subsection 
     (b)(1), is amended by striking ``45F(a)'' and inserting 
     ``45G(a)''.
       (3) Section 39(d)(11), as redesignated by subsection 
     (b)(2), is amended by striking ``section 45E'' and inserting 
     ``section 45F''.
       (4) Section 196(c)(11), as redesignated by subsection (c), 
     is amended by striking ``45E(a)'' and inserting ``45F(a)''.
       (5) Section 1016(a)(28) is amended--
       (A) by striking ``under section 45F'' and inserting ``under 
     section 45G'', and
       (B) by striking ``section 45F(f)(1)'' and inserting 
     ``section 45G(f)(1)''.
       (e) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 is amended by 
     striking the items relating to sections 45E and 45F and 
     inserting the following:

``Sec. 45E. Native American new markets tax credit.
``Sec. 45F. Small employer pension plan startup costs.
``Sec. 45G. Employer-provided child care credit.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to investments made after December 31, 2003.
       (f) Guidance on Allocation of National Limitation.--Not 
     later than 120 days after the date of the enactment of this 
     Act, the Secretary of the Treasury or the Secretary's 
     delegate shall issue guidance which specifies--
       (1) how entities shall apply for an allocation under 
     section 45E(f)(2) of the Internal Revenue Code of 1986, as 
     added by this section;
       (2) the competitive procedure through which such 
     allocations are made; and
       (3) the actions that such Secretary or delegate shall take 
     to ensure that such allocations are properly made to 
     appropriate entities.
       (g) Audit and Report.--Not later than January 31 of 2007 
     and 2010, the Comptroller General of the United States shall, 
     pursuant to an audit of the Native American new markets tax 
     credit program established under section 45E of the Internal 
     Revenue Code of 1986 (as added by subsection (a)), report to 
     Congress on such program, including all reservation 
     development entities that receive an allocation under the 
     Native American new markets credit under such section.
       (f) Grants in Coordination With Credit.--
       (1) In general.--The Secretary of the Treasury is 
     authorized to award a grant of not more than $1,000,000 to 
     the First Nations Oweesta Corporation.
       (2) Use of funds.--The grant awarded under paragraph (1) 
     may be used--
       (A) to enhance the capacity of people living on low-income 
     reservations (within the meaning of section 45E(e) of the 
     Internal Revenue Code of 1986, as added by this section) to 
     access, apply, control, create, leverage, utilize, and retain 
     the financial benefits to such low-income reservations which 
     are attributable to qualified low-income reservation 
     investments (within the meaning of section 45E(d) of such 
     Code), and
       (B) to provide access to appropriate financial capital for 
     the development of such low-income reservations.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated $1,000,000 for fiscal years 2004 through 
     2014 to carry out the provisions of this subsection.
                                 ______
                                 
  SA 2678. Mr. GRASSLEY (for himself and Mr. Baucus) proposed an 
amendment to the bill S. 671, to amend the

[[Page 3490]]

Harmonized Tariff Schedule of the United States to modify temporarily 
certain rates of duty, to make other technical amendments to the trade 
laws, and for other purposes; as follows:

       In the table following section 1001(b), strike the 
     following headings:
       9902.30.90
       9902.29.46
       9902.30.31
       9902.32.14
       9902.32.30
       9902.32.16
       9902.31.14
       9902.31.13
       9902.30.16
       9902.29.23
       Strike section 1111 and insert the following:

     SEC. 1111. REACTIVE ORANGE 132.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

       

``      9902.01.11      Reactive orange     Free            No change       No change       On or before 12/
                         132                                                                 31/2005          ''
                         (benzenesulfonic                                                                      .
                         acid, 2,2-[(1-
                         methyl-1,2-
                         ethanediyl)-
                         bis[imino(6-
                         fluoro-1,3,5-
                         triazine-4,2-
                         diyl)imino[2-
                         [(aminocarbon-yl)-
                         amino)]-4,1-
                         phenylene]azo]]bi
                         s[5-[(4-
                         sulfophenyl)azo]-
                         , sodium salt)
                         (CAS No. 149850-
                         31-7) (provided
                         for in subheading
                         3204.16.30)......

       Strike section 1121 and insert the following:

     SEC. 1121. PYRACLOSTROBIN.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

       

``      9902.01.21      Methyl N-(2-[[1-(4- Free            No change       No change       On or before 12/
                         chlorophenyl)-1H-                                                   31/2005          ''
                         pyrazol-3-                                                                            .
                         yl]oxymethyl]-
                         phenyl)-N-
                         methoxycarba-nate
                         (pyra-clostrobin)
                         (CAS No. 175013-
                         18-0) (provided
                         for in subheading
                         2933.19.23)......

       Strike section 1124.
       Strike section 1131 and insert the following:

     SEC. 1131. MIXTURES OF TRIBENURON METHYL AND APPLICATION 
                   ADJUVANTS.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

       

``      9902.01.31        ................  Free            No change       No change       On or before 12/
                        Mixtures of                                                          31/2005          ''
                         tribenuron methyl                                                                     .
                         (methyl 2-[[[[(4-
                         methoxy-6- methyl-
                         1,3,5- triazin- 2-
                         yl)methyl- amino]-
                          carbonyl] amino]-
                         sulfonyl]ben-
                         zoate) (CAS No.
                         101200-48-0) and
                         application
                         adjuvants
                         (provided for in
                         subheading
                         3808.30.15).

       Strike section 1146 and insert the following:

     SEC. 1146. AVAUNT AND STEWARD.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

       

``      9902.01.46      Mixtures of         Free            No change       No change       On or before 12/
                         indoxacarb ((S)-                                                    31/2005          ''
                         methyl 7-chloro-                                                                      .
                         2,5-dihydro-2-
                         [[(methoxycarbony
                         l)[4-
                         (trifluoromethoxy
                         )-
                         phenyl]amino]car-
                         Pbonyl]indeno-
                         [1,2-e][1,3,4]-
                         oxadiazine-4a-
                         (3H)carboxylate)
                         (CAS No. 173584-
                         44-6) and
                         application
                         adjuvants
                         (provided for in
                         subheading
                         3808.10.25)......

       Strike section 1154 and insert the following:

     SEC. 1154. (Z)-(1RS, 3RS)-3-(2-CHLORO-3,3,3 TRIFLOURO-1-
                   PROPENYL)-2,2-DIMETHYL-CYCLOPROPANE CARBOXYLIC 
                   ACID.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:
       

``      9902.01.55      (Z)-(1RS,3RS)-3-(2- Free            No change       No change       On or before 12/
                         Chloro-3,3,3-                                                       31/2005          ''
                         trifluro-1-pro-                                                                       .
                         penyl)-2,2-
                         dimethyl-
                         cyclopropanecarbo
                         xylic acid (CAS
                         No. 68127-59-3)
                         (provided for in
                         subheading
                         2916.20.50)......

       Strike section 1164 and insert the following:

     SEC. 1164. P-CRESIDINESULFONIC ACID.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:
       

``      9902.01.65      p-                  Free            No change       No change       On or before 12/
                         Cresidinesulfonic                                                   31/2005          ''
                         acid (4-amino-5-                                                                      .
                         methoxy-2-
                         methylbenzene-
                         sulfonic acid)
                         (CAS No. 6471-78-
                         9) (provided for
                         in subheading
                         2922.29.80)......

       Strike section 1167 and insert the following:

     SEC. 1167. N-ETHYL-N-(3-SULFOBENZYL)ANILINE, BENZENESULFONIC 
                   ACID, 3[(ETHYLPHENYLAMINO)METHYL].

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:
       

``      9902.01.68      N-Ethyl-N-(3-       Free            No change       No change       On or before 12/
                         sulfobenzyl)ani-                                                    31/2005          ''
                         Pline                                                                                 .
                         (benzenesulfonic
                         acid, 3-[(ethyl-
                         phenylamino)-
                         Pmethyl]-) (CAS
                         No. 101-11-1)
                         (provided for in
                         subheading
                         2921.42.90)......

       Strike section 1174 and insert the following:

     SEC. 1174. ACID BLACK 172.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

       

``      9902.01.75      Acid black 172      Free            No change       No change       On or before 12/
                         (chromate(3-),                                                      31/2005          ''
                         bis[3-(hydroxy-                                                                       .
                         .kappa.O)-4-[[2-
                         (hydroxy.kappa.O)-
                         1- naphthalenyl-
                         azo- .kappa.N1]-7-
                         nitro-1-
                         naphthalenesulfon
                         ato(3-)]-,
                         trisodium) (CAS
                         No. 57693-14-8)
                         (provided for in
                         subheading
                         3204.12.45)......

       Strike section 1213 and insert the following:

     SEC. 1213. CERTAIN RUBBER RIDING BOOTS.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

       

``      9902.02.17      Boots with outer    Free            No change       No change       On or before 12/
                         soles and uppers                                                    31/2005          ''
                         of rubber, such                                                                       .
                         boots extending
                         above the ankle
                         but below the
                         knee,
                         specifically
                         designed for
                         horseback riding,
                         and having a spur
                         rest on the heel
                         counter (provided
                         for in subheading
                         6401.92.90)......

       Strike section 1215 and insert the following:

[[Page 3491]]



     SEC. 1215. CHEMICAL NR ETHANOL-BASED.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:
       

``      9902.02.19      Chemical NR         Free            No change       No change       On or before 12/
                         ethanol-based                                                       31/2005          ''
                         (iron toluene                                                                         .
                         sulfonate)
                         (comprising 60
                         percent ethanol
                         (CAS No. 64-17-
                         5), 33 percent p-
                         toluenesulfonic
                         acid (CAS No.
                         6192-52-5), and 7
                         percent ferric
                         oxide (CAS No.
                         1309-37-1))
                         (provided for in
                         subheading
                         2912.12.00 or
                         3824.90.28)......

       Strike section 1222 and insert the following:

     SEC. 1222. THERMAL RELEASE PLASTIC FILM.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:
       

``      9902.02.26      Thermal release     Free            No change       No change       On or before 12/
                         plastic film                                                        31/2005          ''
                         (with a substrate                                                                     .
                         of polyolefin-
                         based PET/
                         conductive
                         acrylic polymer,
                         release liner of
                         polyethylene
                         terephthalate PET/
                         polysiloxane,
                         pressure
                         sensitive
                         adhesive of
                         acrylic ester-
                         based copolymer,
                         and core of
                         acrylonitrile-
                         butadiene-styrene
                         copolymer)
                         (provided for in
                         subheading
                         3919.10.20)......


       Strike section 1225 and insert the following:

     SEC. 1225. OBPA.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

       

``      9902.02.29      10,10-              Free            No change       No change       On or before 12/
                         Oxybisphenoxarsin                                                   31/2005          ''
                         e (CAS No. 58-36-                                                                     .
                         6) (provided for
                         in subheading
                         2934.99.18)......

       Strike section 1231 and insert the following:

     SEC. 1231. 3-[(4 AMINO-3-METHOXYPHENYL) AZO]-BENZENE SULFONIC 
                   ACID.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

       

``      9902.02.35      3-[(Amino-3-        Free            No change       No change       On or before 12/
                         methoxyphenyl)-                                                     31/2005          ''
                         azo]-                                                                                 .
                         benzenesulfonic
                         acid (CAS No. 138-
                         28-3) (provided
                         for in subheading
                         2927.00.50)......

       Strike section 1247 and insert the following:

     SEC. 1247. IMIDACLOPRID PESTICIDES.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:
       

``      9902.02.52      Mixtures of         5.7%            No change       No change       On or before 12/
                         imidacloprid (1-                                                    31/2005          ''
                         [(6-Chloro-3-                                                                         .
                         pyridinyl)-
                         Pmethyl]-N-
                         Pnitro-2-
                         Pimidazolidini-
                         mine) (CAS No.
                         138261-41-3) with
                         application
                         adjuvants
                         (provided for in
                         subheading
                         3808.10.25)......

       Strike section 1290 and insert the following:

     SEC. 1290. NECKS USED IN CATHODE RAY TUBES.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

       

``      9902.02.97      Necks of a kind     Free            No change       No change       On or before 12/
                         used in cathode                                                     31/2005          ''
                         ray tubes                                                                             .
                         (provided for in
                         subheading
                         7011.20.80)......

       Strike section 1302 and insert the following:

     SEC. 1302. MAGENTA 364.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

       

``      9902.03.10      5-[4-(4,5-Dimethyl- Free            No change       No change       On or before 12/
                         2-sulfo-                                                            31/2005          ''
                         phenylamino)-6-                                                                       .
                         hydroxy-
                         [1,3,5]triazin-2-
                         ylamino]-4-
                         hydroxy-3-(1-
                         sulfonaphthalen-2-
                         ylazo)naph-
                         thalene-2,7-
                         disulfonic acid,
                         sodium salt
                         (provided for in
                         subheading
                         3204.14.30)......

       Strike section 1303 and insert the following:

     SEC. 1303. THIAMETHOXAM TECHNICAL.

       (a) Calendar Year 2004.--Subchapter II of chapter 99 is 
     amended by inserting in numerical sequence the following new 
     heading:

       

``      9902.03.11       Thiamethoxam (3-   2.6%            No change       No change       On or before 12/
                         [(2-chloro-5-                                                       31/2004          ''
                         thiazolyl)methyl)-                                                                    .
                         tetrahydro-5-
                         methyl-N-nitro-
                         1,3,5-oxadiazin-4-
                         imine) (CAS No.
                         153719-23-4)
                         (provided for in
                         subheading
                         2934.10.90)......

       (b) Calendar Year 2005.--
       (1) In general.--Heading 9902.03.11, as added by subsection 
     (a), is amended--
       (A) by striking ``2.6%'' and inserting ``2.54%''; and
       (B) by striking ``On or before 12/31/2004'' and inserting 
     ``On or before 12/31/2005''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on January 1, 2005.
       (c) Calendar Year 2006.--
       (1) In general.--Heading 9902.03.11, as added by subsection 
     (a) and amended by this section, is further amended--
       (A) by striking ``2.54%'' and inserting ``3.2%''; and
       (B) by striking ``On or before 12/31/2005'' and inserting 
     ``On or before 12/31/2006''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on January 1, 2006.
       Strike section 1309 and insert the following:

     SEC. 1309. PRODIAMINE TECHNICAL.

       (a) Calendar Year 2004.--Subchapter II of chapter 99 is 
     amended by inserting in numerical sequence the following new 
     heading:
       

``      9902.03.19      Prodiamine (2,6-    0.53%           No change       No change       On or before 12/
                         dinitro-N1,N1-                                                      31/2004          ''
                         dipropyl-4-                                                                           .
                         (trifluoromethyl)-
                         1,3-benzene-
                         diamine (CAS No.
                         29091-21-2)
                         (provided for in
                         subheading
                         2921.59.80)......

       (b) Calendar Years 2005 and 2006.--

[[Page 3492]]

       (1) In general.--Heading 9902.03.19, as added by subsection 
     (a), is amended--
       (A) by striking ``0.53%'' and inserting ``Free''; and
       (B) by striking ``On or before 12/31/2004'' and inserting 
     ``On or before 12/31/2006''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on January 1, 2005.
       The article description for heading 9902.03.19, as added by 
     section 1311, is amended by striking ``(provided for in 
     subheading 3824.90.28)'' and inserting ``(provided for in 
     subheading 3824.90.40)''.
       Strike section 1327 and insert the following:

     SEC. 1327. MAGENTA 364 LIQUID FEED.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

       

``      9902.03.39      5-[4-(4,5-Dimethyl- Free            No change       No change       On or before 12/
                         2-sulfo-                                                            31/2005          ''
                         phenylamino)-6-                                                                       .
                         hydroxy-
                         [1,3,5]triazin-2-
                         ylamino]-4-
                         hydroxy-3-(1-
                         sulfonaphthalen-2-
                         ylazo)naph-
                         thalene-2,7-
                         disulfonic acid,
                         sodium ammonium
                         salt (provided
                         for in subheading
                         3204.14.30)......

       Strike section 1334 and insert the following:

     SEC. 1334. DIRECT BLACK 175.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

       

``      9902.03.56      Cuprate(4-), [m-[5- Free            No change       No change       On or before 12/
                         [(4,5-dihydro-3-                                                    31/2005          ''
                         methyl-5-oxo- 1-                                                                      .
                         phenyl-1H-pyrazol-
                         4-yl)azo]-3-[[4-
                         [[3,6-disulfo-2-
                         hydroxy.kappa.O-1-
                         naphthal-
                         enyl]azo-
                         .kappa.N1]-3,3-
                         di(hydroxy-
                         .kappa.O)[1,1-
                         biphenyl]-4-
                         yl]azo-.kappa.N1]-
                         4-(hydroxy-
                         .kappa.O)-2,7-
                         naphtha-
                         lenedisulf-
                         onato(8-)]]di-,
                         tetrasodium
                         (direct black
                         175) (CAS No.
                         66256-76-6)
                         (provided for in
                         subheading
                         3204.12.50)......

       Strike section 1336 and insert the following:

     SEC. 1336. ACID BLACK 132.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

       

``      9902.03.59      [3-(Hydroxy-        Free            No change       No change       On or before 12/
                         .kappa.O)-4-[[2-                                                    31/2005          ''
                         (hydroxy-                                                                             .
                         .kappa.O)-1-
                         naphthalenyl]azo-
                         .kappa.N1]-1-
                         naphthal-
                         enesulfonato (3-
                         )]-[1-[[2-
                         (hydroxy-
                         .kappa.O)-5-[(2-
                         methoxyphenyl]-
                         azophenyl]-azo-
                         .kappa.N1]-2-
                         naphthalenolato
                         (2-).kappa.O]-,
                         disodium (acid
                         black 132) (CAS
                         No. 27425-58-7)
                         (provided for in
                         subheading
                         3204.12.20)......

       Strike section 1337 and insert the following:

     SEC. 1337. ACID BLACK 107.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

       

``      9902.03.61      Chromate(2-), [1-   Free            No change       No change       On or before 12/
                         [[2-                                                                31/2005          ''
                         (hydroxy.kappa.O)-                                                                    .
                         3,5-dinitro-
                         phenyl]azo-
                         .kappa.N1]-2-
                         naphthal-
                         enolato(2-)-
                         .kappa.O][3-
                         (hydroxy-
                         .kappa.O)4-[[2
                         (hydroxy-
                         .kappa.O)-1-
                         naphthalenyl]-
                         azo.kappa.N1]-7-
                         nitro-1-
                         naphthalenesulfon
                         ato(3-)]-,
                         sodium hydrogen
                         (acid black 107)
                         (CAS No. 12218-96-
                         1) (provided for
                         in subheading
                         3204.12.45)......

       Strike section 1338 and insert the following:

     SEC. 1338. ACID YELLOW 219, ACID ORANGE 152, ACID RED 278, 
                   ACID ORANGE 116, ACID ORANGE 156, AND ACID BLUE 
                   113.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new headings:

       

``      9902.03.62      Benzenesulfonic     Free            No change       No change       On or before 12/
                         acid, 3-[[3-                                                        31/2005
                         methoxy-4-[(4-
                         methoxyphenyl)-
                         azo]phenyl]azo]-,
                         sodium salt (acid
                         yellow 219) (CAS
                         No. 71819-57-3)
                         (provided for in
                         subheading
                         3204.12.50)......
        9902.03.63      Benzenesulfonic     Free            No change       No change       On or before 12/
                         acid, 3-[[4-[[4-                                                    31/2005
                         (2-hydroxybut-
                         Poxy)phenyl]azo]-
                         5-methoxy-2-
                         methyl-
                         phenyl]azo]-,
                         monolithium salt
                         (acid orange 152)
                         (CAS No. 71838-37-
                         4) (provided for
                         in subheading
                         3204.12.50)......
        9902.03.64      Chromate(1-),       Free            No change       No change       On or before 12/
                         bis[3-[4-[[5-                                                       31/2005
                         chloro-2-
                         (hydroxy.kappa.O)-
                          phenyl]azo-
                         .kappa.N1]-4,5-
                         dihydro-3-methyl-
                         5-(oxo-.kappa.O)-
                         1H-pyrazol-1-
                         Pyl]benzenesul-
                         fonamidato(2-)]-,
                         sodium (acid red
                         278) (CAS No.
                         71819-56-2)
                         (provided for in
                         subheading
                         3204.12.50)......
        9902.03.65      Benzenesulfonic     Free            No change       No change       On or before 12/
                         acid, 3-[[4-[(2-                                                    31/2005
                         ethoxy-5-
                         methylphenyl)-
                         azo]-1-naphthal-
                         enyl]azo]-,
                         sodium salt (acid
                         orange 116) (CAS
                         No. 12220-10-9)
                         (provided for in
                         subheading
                         3204.12.50)......
        9902.03.66      Benzenesulfonic     Free            No change       No change       On or before 12/
                         acid, 4-[[5-meth-                                                   31/2005
                         oxy-4-[(4-methoxy-
                          phenyl)azo]-2-
                         methyl-
                         phenyl]azo]-,
                         sodium salt (acid
                         orange 156) (CAS
                         No. 68555-86-2)
                         (provided for in
                         subheading
                         3204.12.50)......
        9902.03.67      1-Naphthalene-      Free            No change       No change       On or before 12/
                         sulfonic acid, 8-                                                   31/2005          ''
                         (phenylamino)-P5-                                                                     .
                         [[4-[(3-
                         sulfophenyl)-
                         azo]-1-
                         naphthalenyl]-
                         azo]-, disodium
                         salt (acid blue
                         113) (CAS No.
                         3351-05-1)
                         (provided for in
                         subheading
                         3204.12.50)......

       Strike section 1339.
       Strike section 1344 and insert the following:

     SEC. 1344. C 12-18 ALKENES, POLYMERS WITH 4-METHYL-1-PENTENE.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

       

``      9902.03.86      C 12-18 alkenes,    Free            No change       No change       On or before 12/
                         polymers with 4-                                                    31/2005          ''
                         methyl-1-pentene                                                                      .
                         (CAS No. 68413-03-
                         6) (provided for
                         in subheading
                         3902.90.00)......

       Strike section 1370 and insert the following:

     SEC. 1370. FAST YELLOW 2 STAGE.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

       

[[Page 3493]]



``      9902.04.19      1,3-                Free            No change       No change       On or before 12/
                         Benzenedicarboxyl                                                   31/2005          ''
                         ic acid, 5,5- [[6-
                         (4-morpholinyl)-
                         1,3,5-triazine-
                         2,4-
                         diyl]bis(imino-
                         4,1-
                         phenyleneazo)]bis-
                         , ammonium/sodium/
                         hydrogen salt
                         (direct yellow
                         173) (provided
                         for in subheading
                         3204.14.30.).

       Strike section 1373 and insert the following:

     SEC. 1373. YELLOW 746 STAGE.

       Subchapter II of chapter 99 of is amended by inserting in 
     numerical sequence the following new heading:

       

``      9902.04.26       1,3-Bipyridirium, 3- Free       No change        No change        On or before 12/
                          carboxy-5-[(2-                                                    31/2005           ''
                          carboxy-4-                                                                           .
                          sulfophenyl)azo]-
                          1,2-dihydro-6-
                          hydroxy-4-methyl-2-
                          oxo-, inner salt,
                          lithium/sodium
                          salt (provided for
                          in subheading
                          3204.14.30).......

       Strike section 1377 and insert the following:

     SEC. 1377. CYAN 485/4 STAGE.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

       

``      9902.04.30      Copper, [29H,31H-   Free            No change       No change       On or before 12/
                         phthalo-                                                            31/2005          ''
                         cyaninato(2-)-                                                                        .
                         xN29,xN30,xN31,xN
                         32]-aminosulfonyl-
                         [(2-
                         hydroxyethyl)amin
                         o]-sulfonylsulfo
                         derivatives,
                         sodium salt
                         (provided for in
                         subheading
                         3204.14.30)......

       Strike section 1380 and insert the following:

     SEC. 1380. TRIFLUSULFURON METHYL FORMULATED PRODUCT.

       (a) Calendar Years 2004 and 2005.--Subchapter II of chapter 
     99 is amended by inserting in numerical sequence the 
     following new heading:

       

``      9902.05.01      Mixtures of methyl  1%              No change       No change       On or before 12/
                         2-[[[[[4-                                                           31/2005          ''
                         (dimethylamino)-                                                                      .
                         6-(2,2,2-
                         trifluoroethoxy)-
                         1,3,5-triazin-2-
                         yl]-
                         amino]carbonyl]-
                         amino]sulfonyl]-3-
                         methylbenzoate
                         (CAS No. 126535-
                         15-7) and
                         application
                         adjuvants
                         (provided for in
                         subheading
                         3808.30.15)......

       (b) Calendar Year 2006.--
       (1) In general.--Heading 9902.05.01, as added by subsection 
     (a), is amended--
       (A) by striking ``1%'' and inserting ``Free''; and
       (B) by striking ``On or before 12/31/2005'' and inserting 
     ``On or before 12/31/2006''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on January 1, 2006.
       Strike section 1388 and insert the following:

     SEC. 1388. DICHLOROBENZIDINE DIHYDROCHLORIDE.

       (a) Calendar Year 2004.--Subchapter II of chapter 99 is 
     amended by inserting in numerical sequence the following new 
     heading:

       

``      9902.03.28      3,3-Dichlorobenzi-  6.3% + 0.2      No change       No change       On or before 12/
                         dine                cents/kg                                        31/2004          ''
                         dihydrochloride                                                                       .
                         (CAS No. 612-83-
                         9) (provided for
                         in subheading
                         2921.59.80)......

       (b) Calendar Years 2005 and 2006.--
       (1) In general.--Heading 9902.03.28, as added by subsection 
     (a), is amended--
       (A) by striking ``6.3% + 0.2 cents/kg'' and inserting 
     ``5.1%''; and
       (B) by striking ``On or before 12/31/2004'' and inserting 
     ``On or before 12/31/2006''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on January 1, 2005.
       Strike section 1389 and insert the following:

     SEC. 1389. KRESOXIM-METHYL.

       (a) Calendar Year 2004.--Subchapter II of chapter 99 is 
     amended by inserting in numerical sequence the following new 
     heading:

       

``      9902.03.78      Methyl (E)-         3.3%            No change       Free            On or before 12/
                         methoxyimino-                                                       31/2004          ''
                         [alpha-(o-                                                                            .
                         tolyloxy)-o-
                         tolyl]- acetate
                         (kresoxim methyl)
                         (CAS No. 143390-
                         89-0) (provided
                         for in subheading
                         2925.20.60)......

       (b) Calendar Years 2005 and 2006.--
       (1) In general.--Heading 9902.03.78, as added by subsection 
     (a), is amended--
       (A) by striking ``3.3%'' and inserting ``2.4%''; and
       (B) by striking ``On or before 12/31/2004'' and inserting 
     ``On or before 12/31/2006''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on January 1, 2005.
       Strike sections 1392, 1393, and 1394 and insert the 
     following:

     SEC. 1392. BENZENEPROPANAL, 4-(1,1-DIMETHYLETHYL)-ALPHA-
                   METHYL.

       (a) Calendar Year 2004.--Subchapter II of chapter 99 is 
     amended by inserting in numerical sequence the following new 
     heading:

       

``      9902.05.08      Benzenepropanal, 4- 2.3%            No change       Free            On or before 12/
                         (1,1-                                                               31/2004          ''
                         dimethylethyl)-                                                                       .
                         alpha-methyl-
                         (CAS No. 80-54-6)
                         (provided for in
                         subheading
                         2912.29.60)......

       (b) Calendar Years 2005 and 2006.--
       (1) In general.--Heading 9902.05.08, as added by subsection 
     (a), is amended--
       (A) by striking ``2.3%'' and inserting ``1.7%''; and
       (B) by striking ``On or before 12/31/2004'' and inserting 
     ``On or before 12/31/2006''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on January 1, 2005.

     SEC. 1393. 3,7-DICHLORO-8-QUINOLINE CARBOXYLIC ACID.

       (a) Calendar Year 2004.--Subchapter II of chapter 99 is 
     amended by inserting in numerical sequence the following new 
     heading:

       

``      9902.05.09      3,7-Dichloro-8-     3.9%            No change       Free            On or before 12/
                         quinolinecarb-                                                      31/2004          ''
                         oxylic acid                                                                           .
                         (quinclorac) (CAS
                         No. 84087-01-4)
                         (provided for in
                         subheading
                         2933.49.30)......

       (b) Calendar Years 2005 and 2006.--
       (1) In general.--Heading 9902.05.09, as added by subsection 
     (a), is amended--
       (A) by striking ``3.9%'' and inserting ``3.3%''; and
       (B) by striking ``On or before 12/31/2004'' and inserting 
     ``On or before 12/31/2006''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on January 1, 2005.

[[Page 3494]]



     SEC. 1394. 3-(1-METHYLETHYL)-1H-2,1,3-BENZOTHIADIAZIN-4(3H)-
                   ONE 2,2 DIOXIDE, SODIUM SALT.

       (a) Calendar Year 2004.--Subchapter II of chapter 99 is 
     amended by inserting in numerical sequence the following new 
     heading:

       

``      9902.05.10      3-(1-Methyl-        1.8%            No change       Free            On or before 12/
                         ethyl)-1H-2,1,3-                                                    31/2004          ''
                         benzothiadiazin-                                                                      .
                         4(3H)-one-2,2-
                         dioxide, sodium
                         salt (bentazon,
                         sodium salt) (CAS
                         No. 50723-80-3)
                         (provided for in
                         subheading
                         2934.99.15)......

       (b) Calendar Years 2005 and 2006.--
       (1) In general.--Heading 9902.05.10, as added by subsection 
     (a), is amended--
       (A) by striking ``1.8%'' and inserting ``2.6%''; and
       (B) by striking ``On or before 12/31/2004'' and inserting 
     ``On or before 12/31/2006''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on January 1, 2005.
       Strike section 1396 and insert the following:

     SEC. 1396. ORYZALIN.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

       

``      9902.05.16      Oryzalin            Free            No change       No change       On or before 12/
                         (benzenesulfonami                                                   31/2005          ''
                         de, 4-                                                                                .
                         (dipropylamino)-
                         3,5-dinitro-)
                         (CAS No. 19044-88-
                         3) (provided for
                         in subheading
                         2935.00.95)......

       Strike section 1409 and insert the following:

     SEC. 1409. CERTAIN R-CORE TRANSFORMERS.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

       

``      9902.85.04      120 volt/60 Hz      Free            No change       No change       On or before 12/
                         electrical                                                          31/2005          ''
                         transformers (the                                                                     .
                         foregoing and
                         parts thereof
                         provided for in
                         subheading
                         8504.31.40 or
                         8504.90.95), with
                         dimensions not
                         exceeding 88 mm
                         by 88 mm by 72 mm
                         but at least 82
                         mm by 69 mm by 43
                         mm and each
                         containing a
                         layered and uncut
                         round core with
                         two balanced
                         bobbins, the
                         foregoing rated
                         as less than 40
                         VA but greater
                         than 32.2 VA with
                         a rating number
                         of R25...........

       Strike section 1411 and insert the following:

     SEC. 1411. BISPYRIBAC SODIUM.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

       

``      9902.05.20      Sodium 2,6-         Free            No change       No change       On or before 12/
                         bis[(4,6-                                                           31/2005          ''
                         dimethoxypyrimidi                                                                     .
                         n-2-
                         yl)oxy]benzoate
                         (Bispyribac-
                         sodium) (CAS No.
                         125401-92-5)
                         (provided for in
                         subheading
                         2933.59.10)......

       Strike section 1414 and insert the following:

     SEC. 1414. UNICONAZOLE-P.

       Subchapter II is amended by inserting in numerical sequence 
     the following new heading:

       

``      9902.05.23      (E)-(+)-(S)-1-(4-   Free            No change       No change       On or before 12/
                         Chlorophenyl)-4,4-                                                  31/2005          ''
                         dimethyl-2-(1,2,4-                                                                    .
                         triazol-1-yl)-
                         pent-1-ene-3-ol
                         (Uniconazole)
                         (CAS No. 83657-22-
                         1), mixed with
                         application
                         adjuvants
                         (provided for in
                         subheading
                         3808.30.15)......

       Strike section 1417 and insert the following:

     SEC. 1417. 2,4-XYLIDINE.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:
       

``      9902.05.26      2,4-Xylidine (CAS   Free            No change       No change       On or before 12/
                         No. 95-68-1)                                                        31/2005          ''
                         (provided for in                                                                      .
                         subheading
                         2921.49.10)......

       Strike sections 1419 and 1420, and insert the following:

     SEC. 1419. NMSBA.

       (a) Calendar Year 2004.--Subchapter II of chapter 99 is 
     amended by inserting in numerical sequence the following new 
     heading:

       

``      9902.29.82      4-(Methylsulfonyl)- 0.28%           No change       No change       On or before 12/
                         2-nitrobenzoic                                                      31/2004          ''
                         acid (CAS No.                                                                         .
                         110964-79-9)
                         (provided for in
                         subheading
                         2916.39.45)......

       (b) Calendar Year 2005.--
       (1) In general.--Heading 9902.29.82, as added by subsection 
     (a), is amended--
       (A) by striking ``0.28%'' and inserting ``0.16%''; and
       (B) by striking ``On or before 12/31/2004'' and inserting 
     ``On or before 12/31/2005''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on January 1, 2005.
       (c) Calendar Years 2006 Through 2008.--
       (1) In general.--Heading 9902.29.82, as added by subsection 
     (a) and amended by subsection (b), is further amended--
       (A) by striking ``0.16%'' and inserting ``1.1%''; and
       (B) by striking ``On or before 12/31/2005'' and inserting 
     ``On or before 12/31/2008''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on January 1, 2006.

     SEC. 1420. CERTAIN SATELLITE RADIO BROADCASTING APPARATUS.

       (a) Calendar Year 2004.--Subchapter II of chapter 99 is 
     amended by inserting in numerical sequence the following new 
     heading:

       

``      9902.04.35      Reception           5.2%            No change       No change       On or before 12/
                         apparatus for                                                       31/2004          ''
                         satellite radio                                                                       .
                         broadcasting,
                         other than
                         satellite radio
                         broadcast
                         receivers
                         described in
                         subheading
                         8527.21.40
                         (provided in
                         subheading
                         8527.90.95)......

       (b) Calendar Year 2005.--
       (1) In general.--Heading 9902.04.35, as added by subsection 
     (a), is amended--
       (A) by striking ``5.2%'' and inserting ``5.4%''; and
       (B) by striking ``On or before 12/31/2004'' and inserting 
     ``On or before 12/31/2005''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on January 1, 2005.

[[Page 3495]]

       (c) Calendar Year 2006.--
       (1) In general.--Heading 9902.04.35, as added by subsection 
     (a) and amended by this section, is further amended--
       (A) by striking ``5.4%'' and inserting ``5.5%''; and
       (B) by striking ``On or before 12/31/2005'' and inserting 
     ``On or before 12/31/2006''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on January 1, 2006.
       On page 137, between lines 3 and 4, insert the following:

     SEC. 1421. ACEPHATE.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

       

``      9902.30.60      O,S-Dimethyl        Free            No change       No change       On or before 12/
                         acetylphosphorami                                                   31/2005          ''
                         dothioate                                                                             .
                         (Acephate) (CAS
                         No. 30560-19-1)
                         (provided for in
                         subheading
                         2930.90.44)......

     SEC. 1422. BAGS FOR CERTAIN TOYS.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:
       

``      9902.01.78      Bags (provided for  Free            No change       No change       On or before 12/
                         in subheading                                                       31/2005          ''
                         4202.92.45) for                                                                       .
                         transporting,
                         storing, or
                         protecting goods
                         of headings 9502-
                         9504, inclusive,
                         imported and sold
                         with such
                         articles therein.

       On page 137, line 10, strike ``12/31/05'' and insert ``12/
     31/06''.
       On page 144, strike lines 3 through 4.
       On page 144, strike lines 5 through 7.
       On page 144, line 8, strike ``(81)'' and insert ``(79)''.
       On page 144, between lines 9 and 10, insert the following:
       (80) Heading 9902.32.49 (relating to 11-aminoundecanoic 
     acid).
       On page 144, line 17, strike ``12/21/05'' and insert ``12/
     31/06''.
       On page 144, line 24, strike ``12/21/05'' and insert ``12/
     31/06''.
       On page 145, line 7, strike ``12/21/05'' and insert ``12/
     31/06''.
       On page 145, line 19, strike ``12/21/05'' and insert ``12/
     31/06''.
       On page 146, line 17, strike ``12/21/05'' and insert ``12/
     31/06''.
       On page 146, line 24, strike ``12/21/05'' and insert ``12/
     31/06''.
       On page 147, line 6, strike ``12/21/05'' and insert ``12/
     31/06''.
       On page 147, between lines 14 and 15, insert the following:
       (11) Certain railway cars.--Heading 9902.86.07 is amended--
       (A) in the article description, by striking ``138'' and 
     inserting ``up to 150 passengers,''; and
       (B) in the effective period column, by striking the date 
     contained therein and inserting ``12/31/2006''.
       (12) Other railway cars.--Heading 9902.86.08 is amended--
       (A) in the article description, by striking ``148'' and 
     inserting ``140''; and
       (B) in the effective period column, by striking the date 
     and inserting ``12/31/2006''.
       Strike section 1401.
       On page 147, line 19, strike ``2003'' and insert ``2004''.
       On page 224, before line 1, insert the following:

     SEC. 1636. CERTAIN RAILWAY PASSENGER COACHES.

       (a) In General.--Notwithstanding section 514 of the Tariff 
     Act of 1930 (19 U.S.C. 1514) or any other provision of law, 
     upon proper request filed with the United States Customs 
     Service within 180 days after the date of enactment of this 
     Act, the Customs Service shall liquidate or reliquidate the 
     entry described in subsection (c) as free of duty.
       (b) Refund of Amounts Owed.--Any amounts owed by the United 
     States pursuant to a request for a liquidation or 
     reliquidation of the entry under subsection (a) shall be 
     refunded with interest within 180 days after the date on 
     which request is made.
       (c) Affected Entry.--The entry referred to in subsection 
     (a) is the entry on July 12, 2002, of railway passenger 
     coaches (provided for in subheading 8605.00.00) (Entry number 
     2210888343-4).
       Strike section 2002 and insert the following:

     SEC. 2002. ARTICLES ELIGIBLE FOR PREFERENTIAL TREATMENT UNDER 
                   THE ANDEAN TRADE PREFERENCE ACT.

       (a) In General.--Notwithstanding section 514 of the Tariff 
     Act of 1930 or any other provision of law, and subject to 
     subsection (c)--
       (1) the entry of any article described in section 
     204(b)(1)(D) of the Andean Trade Preference Act (as amended 
     by section 3103(a)(2) of the Trade Act of 2002) for which the 
     President proclaims duty free treatment pursuant to section 
     204(b)(1) of such Act shall be subject to the rate of duty 
     applicable on August 5, 2002, until such time as the 
     President proclaims duty free treatment for such article; and
       (2) such entries shall be liquidated or reliquidated as if 
     the reduced duty preferential treatment applied, and the 
     Secretary of the Treasury shall refund any excess duties paid 
     with respect to such entry.
       (b) Entry.--As used in this subsection, the term ``entry'' 
     includes a withdrawal from warehouse for consumption.
       (c) Requests.--Liquidation or reliquidation may be made 
     under paragraph (1) with respect to an entry only if a 
     request therefore is filed with the Customs Service, within 
     180 days after the date of enactment of this Act, and such 
     request contains sufficient information to enable the Customs 
     Service--
       (1) to locate the entry; or
       (2) to reconstruct the entry if it cannot be located.
       On page 257, strike lines 18 through 21 and insert the 
     following:
       (d) Tariff Act of 1930.--Section 505(a) of the Tariff Act 
     of 1930 is amended--
       (1) in the first sentence--
       (A) by inserting ``referred to in this subsection'' after 
     ``periodic payment''; and
       (B) by striking ``10 working days'' and inserting ``12 
     working days''; and
       (2) in the second sentence, by striking ``a participating'' 
     and all that follows through the end of the sentence and 
     inserting the following: ``the Secretary shall promulgate 
     regulations permitting a participating importer of record to 
     deposit estimated duties and fees for entries of merchandise, 
     other than merchandise entered for warehouse, transportation, 
     or under bond, no later than the 15 working days following 
     the month in which the merchandise is entered or released, 
     whichever comes first.''.
       On page 258, between lines 20 and 21, insert the following:
       (g)  Limitation on Customs User Fees.
       (1) Section 13031(b)(9)(A) of the Consolidated Omnibus 
     Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9)(A)) is 
     amended by striking ``less than $2,000'' and inserting 
     ``$2,000 or less''.
       (2) Section 13031(b)(9)(A)(ii) of the Consolidated Omnibus 
     Budget Reconciliation Act of 1985 (19 U.S.C. 
     58c(b)(9)(A)(ii)) is amended to read as follows:
       ``(ii) Notwithstanding subsection (e)(6) and subject to the 
     provisions of subparagraph (B), in the case of an express 
     consignment carrier facility or centralized hub facility--

       ``(I) $.66 per individual airway bill or bill of lading; 
     and
       ``(II) if the merchandise is formally entered, the fee 
     provided for in subsection (a)(9), if applicable.''.

       (3) Section 13031(b)(9)(B)(ii) of the Consolidated Omnibus 
     Budget Reconciliation Act of 1985 (19 U.S.C. 
     58c(b)(9)(B)(ii)) is amended by striking ``subparagraph 
     (A)(ii)'' and inserting ``subparagraph (A)(ii) (I) or (II)''.
       (h) Definition of Fabric.--Section 112(e) of the African 
     Growth and Opportunity Act (19 U.S.C. 3721(e)) is amended by 
     adding at the end the following:
       ``(4) Fabric.--The term `fabric' includes knit fabric 
     components formed as components other than components 
     considered as major parts.''.
       (i) Labeling Requirements.--
       (1) In general.--Section 4(b) of the Textile Fiber 
     Identification Act (15 U.S.C. 70b) is amended by adding at 
     the end the following new subsection:
       ``(k) Marking of Certain Sock Products.--
       ``(1) Notwithstanding any other provision of law, socks 
     provided for in subheading 6115.92.90, 6115.93.90, 
     6115.99.18, 6111.20.60, 6111.30.50, or 6111.90.50 of the 
     Harmonized Tariff Schedule of the United States, as in effect 
     on September 1, 2003, shall be marked as legibly, indelibly, 
     and permanently as the nature of the article or package will 
     permit in such a manner as to indicate to the ultimate 
     consumer in the United States the English name of the country 
     of origin of the article. The marking required by this 
     subsection shall be on the front of the package, adjacent to 
     the size designation of the product, and shall be set forth 
     in such a manner as to be clearly legible, conspicuous, and 
     readily accessible to the ultimate consumer.
       ``(2) Exceptions.--Any package that contains several 
     different types of goods and includes socks classified under 
     subheading 6115.92.90, 6115.93.90, 6115.99.18, 6111.20.60, 
     6111.30.50, or 6111.90.50 of the Harmonized Tariff Schedule 
     of the United States, as in effect on September 1, 2003, 
     shall not be subject to the requirements of paragraph (1).''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the date that is 15 months after the 
     date of

[[Page 3496]]

     enactment of this Act, and on and after the date that is 15 
     months after such date of enactment, any provision of part 
     303 of title 16 of the Code of Federal Regulation that is 
     inconsistent with such amendment shall not apply.
       (j) Entries of Certain Apparel Articles Pursuant to the 
     Caribbean Basin Economic Recovery Act or the African Growth 
     and Opportunity Act.--
       (1) In general.--Notwithstanding section 514 of the Tariff 
     Act of 1930 (19 U.S.C. 1514) or any other provision of law, 
     the Customs Service shall liquidate or reliquidate as free of 
     duty and free of any quantitative restrictions, limitations, 
     or consultation levels entries of articles described in 
     paragraph (4) made on or after October 1, 2000.
       (2) Requests.--Liquidation or reliquidation may be made 
     under paragraph (1) with respect to an entry described in 
     paragraph (4) only if a request therefor is filed with the 
     Customs Service within 90 days after the date of the 
     enactment of this Act and the request contains sufficient 
     information to enable the Customs Service to locate the entry 
     or 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 
     any entry under paragraph (1) shall be paid not later than 
     180 days after the date of such liquidation or reliquidation.
       (4) Entries.--The entries referred to in paragraph (1) 
     are--
       (A) entries of apparel articles (other than socks 
     classifiable under heading 6111 or 6115 of the Harmonized 
     Tariff Schedule of the United States) that meet the 
     requirements of section 213(b)(2)(A) of the Caribbean Basin 
     Economic Recovery Act (as amended by section 3107(a) of the 
     Trade Act of 2002 and section 2004(c) of this Act); and
       (B) entries of apparel articles that meet the requirements 
     of section 112(b) of the African Growth and Opportunity Act 
     (as amended by section 3108 of the Trade Act of 2002 and 
     section 2004(b) of this Act).
       (k) Extension of Industry Trade Advisory Committees.--
       (1) In general.--Section 135(f)(2) of the Trade Act of 1974 
     (19 U.S.C. 2155(f)(2)) is amended to read as follows:
       ``(2) to all other advisory committees which may be 
     established under subsection (c) of this section, except 
     that--
       ``(A) the meetings of advisory committees established under 
     subsections (b) and (c) of this section shall be exempt from 
     the requirements of subsections (a) and (b) of sections 10 
     and 11 of the Federal Advisory Committee Act (relating to 
     open meetings, public notice, public participation, and 
     public availability of documents), whenever and to the extent 
     it is determined by the President or the President's designee 
     that such meetings will be concerned with matters the 
     disclosure of which would seriously compromise the 
     development by the United States Government of trade policy, 
     priorities, negotiating objectives, or bargaining positions 
     with respect to matters referred to in subsection (a) of this 
     section, and that meetings may be called of such special task 
     forces, plenary meetings of chairmen, or other such groups 
     made up of members of the committees established under 
     subsections (b) and (c) of this section; and
       ``(B) notwithstanding subsection (a)(2) of section 14 of 
     the Federal Advisory Committee Act, any committee established 
     under subsection (b) or (c) may, in the discretion of the 
     President or the President's designee, terminate not later 
     than the expiration of the 4-year period beginning on the 
     date of their establishment.''.
       (2) Conforming amendment.--Section 135(b)(1) of the Trade 
     Act of 1974 (19 U.S.C. 2155(b)(1)) is amended by striking ``2 
     years'' and inserting ``4 years or until the committee is 
     scheduled to expire''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on February 1, 2006.
       On page 259, strike lines 6 through 8, and insert ``amounts 
     authorized to be transferred from funds in the general fund 
     of the Treasury not to exceed $32,000,000.''
       On page 259, line 11, strike ``in the'' and insert 
     ``authorized to the''.
       On page 259, begining on line 23, strike ``close of'' and 
     all that follows through line 25, and insert ``date of 
     enactment of the appropriations authorized under this 
     section.''
       On page 260, line 3, strike ``$16,000,000'' and insert ``an 
     amount not to exceed $16,000,000''.
       On page 260, line 14, strike ``$16,000,000'' and insert 
     ``an amount not to exceed $16,000,000''.
       On page 261, lines 5 through 7, strike ``, and is 
     appropriated out of amounts in the general fund of the 
     Treasury not otherwise appropriated,''.
       On page 268, after line 5, insert the following:

                  TITLE IV--IRAQI CULTURAL ANTIQUITIES

     SEC. 4001. SHORT TITLE.

       This title may be cited as the ``Emergency Protection for 
     Iraqi Cultural Antiquities Act of 2003''.

     SEC. 4002. EMERGENCY IMPLEMENTATION OF IMPORT RESTRICTIONS.

       (a) Authority.--The President may exercise the authority of 
     the President under section 304 of the Convention on Cultural 
     Property Implementation Act (19 U.S.C. 2603) with respect to 
     any archaeological or ethnological material of Iraq as if 
     Iraq were a State Party under that Act, except that, in 
     exercising such authority, subsection (c) of such section 
     shall not apply.
       (b) Definition.--In this section, the term ``archaeological 
     or ethnological material of Iraq'' means cultural property of 
     Iraq and other items of archaeological, historical, cultural, 
     rare scientific, or religious importance illegally removed 
     from the Iraq National Museum, the National Library of Iraq, 
     and other locations in Iraq, since the adoption of United 
     Nations Security Council Resolution 661 of 1990.

     SEC. 4003. TERMINATION OF AUTHORITY.

       The authority of the President under section 4002 shall 
     terminate upon the earlier of--
       (1) the date that is 5 years after the date on which the 
     President certifies to Congress that normalization of 
     relations between the United States and the Government of 
     Iraq has been established; or
       (2) September 30, 2009.

                        TITLE V--COTTON FABRICS

     SEC. 5001. TEMPORARY DUTY REDUCTIONS FOR CERTAIN COTTON 
                   SHIRTING FABRIC.

       (a) Certain Cotton Shirting Fabrics.--
       (1) In general.--Subchapter II of chapter 99 is amended by 
     inserting in numerical sequence the following new headings:

       

``      9902.52.08      Woven fabrics of    Free            No change       No change       On or before 12/
                         cotton, all the                                                     31/2006
                         foregoing
                         certified by the
                         importer as
                         suitable for use
                         in making men's
                         and boys' shirts
                         and as imported
                         by or for the
                         benefit of a
                         manufacturer of
                         men's and boys'
                         shirts, subject
                         to the quantity
                         limitations
                         contained in
                         general note 18
                         of this
                         subchapter
                         (provided for in
                         section
                         204(b)(3)(B)(i)(I
                         II) of the Andean
                         Trade Preference
                         Act (19 U.S.C.
                         3203))...........
        9902.52.09      Woven fabrics of    Free            No change       No change       On or before 12/
                         cotton, all the                                                     31/2006          ''
                         foregoing                                                                             .
                         certified by the
                         importer as
                         containing 100
                         percent pima
                         cotton grown in
                         the United
                         States, as
                         suitable for use
                         in making men's
                         and boys' shirts,
                         and as imported
                         by or for the
                         benefit of a
                         manufacturer of
                         men's and boys'
                         shirts (provided
                         for in section
                         204(b)(3)(B)(i)(I
                         II) of the Andean
                         Trade Preference
                         Act (19 U.S.C.
                         3203))...........

       (2) Definitions and limitation on quantity of imports.--The 
     U.S. Notes to chapter 99 are amended by adding at the end the 
     following:
       ``17. For purposes of subheadings 9902.52.08 and 
     9902.52.09, the term `making' means cutting and sewing in the 
     United States, and the term `manufacturer' means a person or 
     entity that cuts and sews in the United States.
       ``18. The aggregate quantity of cotton fabrics entered 
     under subheading 9902.52.08 from January 1 to December 31 of 
     each year, inclusive, by or on behalf of each manufacturer of 
     men's and boys' shirts shall be limited to 85 percent of the 
     total square meter equivalents of all imported cotton woven 
     fabric used by such manufacturer in cutting and sewing men's 
     and boys' cotton shirts in the United States and purchased by 
     such manufacturer during calendar year 2000.''.
       (b) Determination of Tariff-Rate Quotas.--
       (1) Authority to issue licenses and license use.--To 
     implement the limitation on the quantity of imports of cotton 
     woven fabrics under subheading 9902.52.08 of the Harmonized 
     Tariff Schedule of the United States, as required by U.S. 
     Note 18 to subchapter II of chapter 99 of such Schedule, for 
     the entry, or withdrawal from warehouse for consumption, the 
     Secretary of Commerce shall issue licenses designating 
     eligible manufacturers and the annual quantity restrictions 
     under each such license. A licensee may assign the authority 
     (in whole or in part) to import fabric under subheading 
     9902.52.08 of such Schedule.
       (2) Licenses under u.s. note 18.--For purposes of U.S. Note 
     18 to subchapter II of chapter 99 of the Harmonized Tariff 
     Schedule of the United States, as added by subsection (a)(2), 
     a license shall be issued within 60 days of an application 
     containing a notarized affidavit from an officer of the 
     manufacturer that the manufacturer is eligible to receive a 
     license and stating the quantity of imported cotton woven 
     fabric purchased during calendar year 2000 for use in the 
     cutting and sewing men's and boys' shirts in the United 
     States.

[[Page 3497]]

       (3) Affidavits.--For purposes of an affidavit described in 
     this subsection, the date of purchase shall be--
       (A) the invoice date if the manufacturer is not the 
     importer of record; and
       (B) the date of entry if the manufacturer is the importer 
     of record.

     SEC. 5002. COTTON TRUST FUND.

       (a) In General.--There is established in the Treasury of 
     the United States a trust fund to be known as the ``Pima 
     Cotton Trust Fund'', consisting of amounts authorized to be 
     transferred from funds in the general fund of the Treasury 
     not to exceed $32,000,000.
       (b) Grants.--
       (1) General purpose.--From amounts authorized to the Pima 
     Cotton Trust Fund, the Secretary of Commerce is authorized to 
     provide grants to spinners of United States grown pima 
     cotton, manufacturers of men's and boys' cotton shirting, and 
     a nationally recognized association that promotes the use of 
     pima cotton grown in the United States, to assist such 
     spinners and manufacturers in maximizing United States 
     employment in the production of textile or apparel products 
     and to increase the promotion of the use of United States 
     grown pima cotton respectively.
       (2) Timing for grant awards.--The Secretary of the Treasury 
     shall, not later than 180 days after the date of enactment of 
     this section, establish guidelines for the application and 
     awarding of the grants described in paragraph (1), and shall 
     award such grants to qualified applicants not later than 90 
     days after the date of enactment of the appropriations 
     authorized under this section. Each grant awarded under this 
     section shall be distributed to the qualified applicant in 2 
     equal annual installments.
       (3) Distribution of funds.--Of the amounts in the Pima 
     Cotton Trust Fund--
       (A) an amount not to exceed $8,000,000 shall be made 
     available to a nationally recognized association established 
     for the promotion of pima cotton grown in the United States 
     for the use in textile and apparel goods;
       (B) an amount not to exceed $8,000,000 shall be made 
     available to yarn spinners of pima cotton grown in the United 
     States, and shall be allocated to each spinner based on the 
     percentage of the spinner's production of ring spun cotton 
     yarns, measuring less than 83.33 decitex (exceeding 120 
     metric number), from pima cotton grown in the United States 
     in single and plied form during calendar year 2002 (as 
     evidenced by an affidavit provided by the spinner), compared 
     to the production of such yarns for all spinners who qualify 
     under this subparagraph; and
       (C) an amount not to exceed $16,000,000 shall be made 
     available to manufacturers who cut and sew cotton shirts in 
     the United States and that certify that they used imported 
     cotton fabric during the period January 1, 1998, through July 
     1, 2003, and shall be allocated to each manufacturer on the 
     bases of the dollar value (excluding duty, shipping, and 
     related costs) of imported woven cotton shirting fabric of 
     80s or higher count and 2-ply in warp purchased by the 
     manufacturer during calendar year 2002 (as evidenced by an 
     affidavit from the manufacturer) used in the manufacturing of 
     men's and boys' cotton shirts, compared to the dollar value 
     (excluding duty, shipping, and related costs) of such fabric 
     for all manufacturers who qualify under this subparagraph.
       (4) Affidavit of shirting manufacturers.--For purposes of 
     paragraph (3)(C), an officer of the manufacturer of men's and 
     boys' shirts shall provide a notarized affidavit affirming--
       (A) that the manufacturer used imported cotton fabric 
     during the period January 1, 1998, through July 1, 2003, to 
     cut and sew men's and boys' woven cotton shirts in the United 
     States;
       (B) the dollar value of imported woven cotton shirting 
     fabric of 80s or higher count and 2-ply in warp purchased 
     during calendar year 2002;
       (C) that the manufacturer maintains invoices along with 
     other supporting documentation (such as price lists and other 
     technical descriptions of the fabric qualities) showing the 
     dollar value of such fabric purchased, the date of purchase, 
     and evidencing the fabric as woven cotton fabric of 80s or 
     higher count and 2-ply in warp; and
       (D) that the fabric was suitable for use in the 
     manufacturing of men's and boys' cotton shirts.
       (5) Date of purchase.--For purposes of the affidavit 
     required by paragraph (4), the date of purchase shall be the 
     invoice date, and the dollar value shall be determined 
     excluding duty, shipping, and related costs.
       (6) Affidavit of yarn spinners.--For purposes of paragraph 
     (3)(B), an officer of a company that produces ringspun yarns 
     shall provide a notarized affidavit affirming--
       (A) that the manufacturer used pima cotton grown in the 
     United States during the period January 1, 2002, through 
     December 31, 2002, to produce ring spun cotton yarns, 
     measuring less than 83.33 decitex (exceeding 120 metric 
     number), in single and plied form during 2002;
       (B) the quantity, measured in pounds, of ring spun cotton 
     yarns, measuring less than 83.33 decitex (exceeding 120 
     metric number), in single and plied form during calendar year 
     2002; and
       (C) that the manufacturer maintains supporting 
     documentation showing the quantity of such yarns produced, 
     and evidencing the yarns as ring spun cotton yarns, measuring 
     less than 83.33 decitex (exceeding 120 metric number), in 
     single and plied form during calendar year 2002.
       (7) No appeal.--Any grant awarded by the Secretary under 
     this section shall be final and not subject to appeal or 
     protest.
       (c) Authorization.--There is authorized to be appropriated 
     such sums as are necessary to carry out the provisions of 
     this section, including funds necessary for the 
     administration and oversight of the grants provided for in 
     this section.

      TITLE VI--Technical Amendments Relating to Entry and Protest

     SEC. 6001. ENTRY OF MERCHANDISE.

       (a) In General.--Section 484(a) of the Tariff Act of 1930 
     (19 U.S.C. 1484) is amended--
       (1) by amending paragraph (1)(A) to read as follows:
       ``(A) make entry therefor by filing with the Customs 
     Service--
       ``(i) such documentation; or
       ``(ii) pursuant to an electronic data interchange system, 
     such information as is necessary to enable the Customs 
     Service to determine whether the merchandise may be released 
     from customs custody; and'';
       (2) in paragraph (1)(B), by inserting after ``entry'' the 
     following: ``, or substitute 1 or more reconfigured entries 
     on an import activity summary statement,''; and
       (3) in paragraph (2)(A)--
       (A) by inserting after ``statements'' the following: ``and 
     permit the filing of reconfigured entries,''; and
       (B) by adding at the end the following: ``Entries filed 
     under paragraph (1)(A) shall not be liquidated if covered by 
     an import activity summary statement, but instead each 
     reconfigured entry in the import activity summary statement 
     shall be subject to liquidation or reliquidation pursuant to 
     section 500, 501, or 504.''.
       (b) Reconciliation.--Section 484(b)(1) of the Tariff Act of 
     1930 (19 U.S.C. 1484(b)(1)) is amended by striking ``15 
     months'' and inserting ``21 months''.

     SEC. 6002. LIMITATION ON LIQUIDATIONS.

       Section 504 of the Tariff Act of 1930 (19 U.S.C. 1504) is 
     amended--
       (1) in subsection (a)--
       (A) by striking ``or'' at the end of paragraph (3);
       (B) in paragraph (4), by striking ``filed;'' and inserting 
     ``filed, whichever is earlier; or''; and
       (C) by inserting after paragraph (4) the following:
       ``(5) if a reconfigured entry is filed under an import 
     activity summary statement, the date the import activity 
     summary statement is filed or should have been filed, 
     whichever is earlier;''; and
       (2) by striking ``at the time of entry'' each place it 
     appears.

     SEC. 6003. PROTESTS.

       Section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) is 
     amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``(relating to refunds and errors) of this Act'' and 
     inserting ``(relating to refunds), any clerical error, 
     mistake of fact, or other inadvertence, whether or not 
     resulting from or contained in an electronic transmission, 
     adverse to the importer, in any entry, liquidation, or 
     reliquidation, and'';
       (B) in paragraph (5), by inserting ``, including the 
     liquidation of an entry, pursuant to either section 500 or 
     section 504;'' after ``thereof''; and
       (C) in paragraph (7), by striking ``(c) or''; and
       (2) in subsection (c)--
       (A) in paragraph (1), in the sixth sentence, by striking 
     ``A protest may be amended,'' and inserting ``Unless a 
     request for accelerated disposition is filed under section 
     515(b), a protest may be amended,'';
       (B) in paragraph (3)(A), by striking ``notice of'' and 
     inserting ``date of''; and
       (C) in paragraph (3)--
       (i) by striking ``ninety days'' and inserting ``180 days''; 
     and
       (ii) by striking ``90 days'' and inserting ``180 days'' .

     SEC. 6004. REVIEW OF PROTESTS.

       Section 515(b) of the Tariff Act of 1930 (19 U.S.C 1515(b)) 
     is amended by striking ``after ninety days'' and inserting 
     ``concurrent with or''.

     SEC. 6005. REFUNDS AND ERRORS.

       Section 520(c) of the Tariff Act of 1930 (19 U.S.C 1520(c)) 
     is repealed.

     SEC. 6006. DEFINITIONS AND MISCELLANEOUS PROVISIONS.

       Section 401 of the Tariff Act of 1930 (19 U.S.C 1401) is 
     amended by adding at the end the following:
       ``(t) Reconfigured Entry.--The term `reconfigured entry' 
     means an entry filed on an import activity summary statement 
     which substitutes for all or part of 1 or more entries filed 
     under section 484(a)(1)(A) or filed on a reconciliation entry 
     that aggregates the entry elements to be reconciled under 
     section 484(b) for purposes of liquidation, reliquidation, or 
     protest.''.

     SEC. 6007. VOLUNTARY RELIQUIDATIONS.

       Section 501 of the Tariff Act of 1930 (19 U.S.C 1501) is 
     amended by inserting ``or 504'' after ``section 500''.

[[Page 3498]]



     SEC. 6008. EFFECTIVE DATE.

       The amendments made by this title shall apply to 
     merchandise entered, or withdrawn from warehouse for 
     consumption, on or after the 15th day after the date of the 
     enactment of this Act.

                  TITLE VII--EXTENSION OF SUSPENSIONS

     SEC. 7001. EXTENSION OF DUTY SUSPENSIONS.

       Except as provided in sections 1303, 1309, 1380, 1388, 
     1389, 1392, 1393, 1394, 1419, and 1420, each of the headings 
     of the Harmonized Tariff Schedule added by chapter 1 of 
     subtitle A of title I is amended by striking the date in the 
     effective period column and inserting ``12/31/2006''.
                                 ______
                                 
  SA 2679. Mr. VOINOVICH submitted an amendment intended to be proposed 
by him to the bill S. 1637, to amend the Internal Revenue Code of 1986 
to comply with the World Trade Organization rulings on the FSC/ETI 
benefit in a manner that preserves jobs and production activities in 
the United States, to reform and simplify the international taxation 
rules of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end of the bill, add the following:

                   TITLE V--MISCELLANEOUS PROVISIONS

     SEC. 501. SENSE OF THE SENATE.

       (a) Findings.--The Senate makes the following findings:
       (1) Manufacturing is critical to the health of the United 
     States economy, generating high quality products, personal 
     opportunity, careers, wealth, high standards of living, and 
     economic growth.
       (2) In July 2000 the manufacturing sector slipped into 
     recession and since has lost 2,700,000 high paying 
     manufacturing jobs, while the rest of the economy has added 
     623,000 jobs.
       (3) The manufacturing sector faces intense global 
     competition, making it difficult for many firms to operate 
     profitably and earn a sufficient return on capital invested.
       (4) The manufacturing sector in the United States seeks a 
     global level playing field for competition and markets.
       (5) China entered the World Trade Organization (WTO) in 
     December 2001 and agreed to abide by the commitments ascribed 
     in its accession.
       (6) United States investors and exporters recognize the 
     opportunity of doing business with China but have raised 
     serious concerns that many of the commitments China made upon 
     joining the WTO have not yet been implemented or 
     implementation has been inadequate.
       (7) A clear example of injury committed by China to a 
     United States industry can be found in the United States 
     candle industry, where between 1997 and 2002, imports of wax 
     candles from China increased from 46,000,000 pounds to 
     174,000,000 pounds and where in 2002 alone, the United States 
     candle industry lost 128,000,000 pounds in sales to the 
     Chinese.
       (8) Market barriers and unfair trade practices continue to 
     exist in China, including high tariffs, subsidies, technical 
     trade restrictions, counterfeiting, violations of 
     intellectual property rights, and nonmarket-based industrial, 
     economic, and financial policies that limit United States 
     exports.
       (9) United States manufacturers will not be able to achieve 
     a fair and level playing field with their Chinese 
     counterparts because of the costs associated with the United 
     States regulatory framework, e.g., compliance with labor and 
     environmental regulations, as well as healthcare costs, which 
     are non-existent costs for Chinese companies.
       (10) The currency of China, the yuan, has been fixed 
     relative to the United States dollar since 1994.
       (11) A systemically misvalued currency by any large country 
     can have damaging trade-distorting effects on both that 
     country and its trading partners by decreasing the price of 
     exports of products of that country and increasing the price 
     of imports to that country.
       (12) The market-based valuation of currencies is a key 
     component to resilient global trading systems by enabling 
     smoother transitions to reflect underlying economic 
     fundamentals in a country.
       (13) The President's Chairman of the Council of Economic 
     Advisors recently described the outsourcing of American jobs 
     overseas ``as a good thing'' and said, ``outsourcing is just 
     a new way of doing international trade''.
       (14) Job retention and creation are essential to the 
     economic stability of the United States and the 
     administration should pursue policies that serve as an engine 
     for economic growth, higher wage jobs, and increased 
     productivity.
       (15) A salient example of the trade barriers faced by 
     United States manufacturers is the lack of adequate 
     intellectual property protection and enforcement in the 
     markets of some of America's major trading partners.
       (16) For United States manufacturers, protection of 
     intellectual property is not an abstract concept. America's 
     competitive edge ensues directly from innovation and rising 
     productivity. Intellectual property protection is the best 
     means for ensuring that American manufacturers enjoy the 
     benefits of their investments in research and development and 
     of their efforts to raise productivity.
       (17) To the extent that United States investment in 
     research and development provides a competitive edge in the 
     marketplace, the protection of the intellectual property 
     developed by United States manufacturers, which embodies the 
     product of that research, becomes critical to the future of 
     the manufacturing sector.
       (18) It is estimated that counterfeits account for 15 to 20 
     percent of all products made in China and accounts for about 
     8 percent of China's Gross Domestic Product.
       (19) Industry analysts estimate that intellectual property 
     rights piracy in China cost United States firms 
     $1,850,000,000 in lost sales in 2002.
       (20) Under the terms of China's WTO accession, China agreed 
     to immediately bring its intellectual property rights laws in 
     compliance with the WTO Agreement on Trade Related Aspects of 
     Intellectual Property Rights (TRIPS).
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the United States Trade Representative should continue 
     to actively encourage China's compliance with its WTO 
     commitments, specifically with regard to intellectual 
     property rights violations;
       (2) the Secretary of the Treasury should encourage the 
     Chinese to make the significant structural reforms, 
     particularly in the banking sector, to ensure that China can 
     effectively adopt a more flexible exchange rate regime;
       (3) the Senate urges the President, the Secretary of the 
     Treasury, and the United States Trade Representative to 
     continue their strong dialogue with China, and if these 
     discussions fail to produce immediate, meaningful results, 
     the Senate urges the United States Trade Representative to 
     commence a review under section 301 of the Trade Act of 1974;
       (4) the Senate should oppose any efforts to encourage the 
     outsourcing of American jobs overseas;
       (5) the Senate should adopt legislation providing for a 
     manufacturing tax incentive to encourage job creation in the 
     United States and oppose efforts to make it cheaper to send 
     jobs overseas;
       (6) the Secretary of Commerce should aggressively pursue 
     those foreign producers and importers who have violated 
     United States trade law and when violations have resulted in 
     the injury of United States industry, the Secretary of 
     Commerce should impose the maximum penalty within the 
     confines of our trade laws;
       (7) the United States Trade Representative should promote 
     the protection of United States intellectual property abroad 
     by expanding cooperative efforts with developing country 
     trading partners to encourage the full implementation of 
     their obligations under the WTO's Agreement on Trade Related 
     Aspects of Intellectual Property (TRIPS);
       (8) the administration should pursue a policy of aggressive 
     investigation of allegations of theft of intellectual 
     property, particularly allegations in which American 
     manufacturers are compelled to divulge intellectual property 
     as a condition of market access or investment; and
       (9) the administration should pursue a policy of aggressive 
     enforcement of our existing intellectual property laws, and 
     in so doing, shall continue to work hand in hand with 
     business and industry to identify and prosecute 
     counterfeiters.
                                 ______
                                 
  SA 2680. Mr. McCONNELL (for himself and Mr. Frist) proposed an 
amendment to amendment SA 2660 proposed by Mr. Dodd (for himself, Mr. 
Coleman, Mr. Kennedy, Mr. Corzine, Ms. Mikulski, and Mr. Feingold) to 
the bill S. 1637, to amend the Internal Revenue Code of 1986 to comply 
with the World Trade Organization rulings on the FSC/ETI benefit in a 
manner that preserves jobs and production activities in the United 
States, to reform and simplify the international taxation rules of the 
United States, and for other purposes; as follows:

       On page 7, strike lines 10 through 14 and insert the 
     following:
       This title and the amendments made by this title shall take 
     effect 30 days after the Secretary of Commerce certifies that 
     the amendments made by this title will not result in the loss 
     of more jobs than it will protect and will not cause harm to 
     the U.S. economy. Such certification must be renewed on or 
     before January 1 of each year in order for the amendments 
     made by this title to be in effect for that year.
                                 ______
                                 
  SA 2681. Mr. LEVIN (for himself and Mr. Voinovich) submitted an 
amendment intended to be proposed by him to the bill S. 1637, to amend 
the Internal Revenue Code of 1986 to comply with the World Trade 
Organization rulings on the FSC/ETI benefit in a manner that preserves 
jobs and production activities in the United States, to reform and 
simplify the international

[[Page 3499]]

taxation rules of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of the bill, add the following:

                   TITLE V--MISCELLANEOUS PROVISIONS

     SEC. 501. SENSE OF CONGRESS REGARDING NEGOTIATING, IN THE 
                   UNITED STATES-THAILAND FREE TRADE AGREEMENT, 
                   ACCESS TO THE UNITED STATES AUTOMOBILE 
                   INDUSTRY.

       (a) Findings.--Congress makes the following findings:
       (1) The United States Trade Representative recently 
     announced an intention to negotiate a free trade agreement 
     (FTA) with Thailand.
       (2) Properly structured FTAs may have important benefits 
     for the United States, and a bilateral free trade agreement 
     program pursued under a coherent policy and strategy may play 
     an important role in United States trade policy.
       (3) The global automobile market is subject to inherently 
     multilateral problems that need to be addressed on a 
     multilateral basis, including numerous, widespread, and 
     complex nontariff barriers maintained by major producing 
     countries.
       (4) Providing Thailand privileged access to critical 
     segments of the United States automobile market would 
     significantly erode United States leverage to negotiate 
     reductions to global automobile market distortions in 
     multilateral negotiations, because producers from third 
     countries would be able to benefit from the privileged access 
     of Thailand under the FTA.
       (5) Thailand is the second largest source of pick-up truck 
     production in the world, with many major automobile 
     manufacturers from outside of Thailand producing pick-up 
     trucks there.
       (6) Thailand's Board of Investment has actively been 
     recruiting automobile producers from outside of Thailand, 
     including Japan, South Korea, and India, to produce 
     automobiles in Thailand, and some of these producers have 
     cited Thailand's privileged access to foreign markets through 
     FTAs as a rationale for setting up production in Thailand.
       (7) Many of these producers from outside of Thailand have 
     moved their pick-up truck production out of their home 
     countries and into Thailand in order to make Thailand their 
     global pick-up truck production and export bases.
       (8) As a result of this activity by automobile producers 
     from outside of Thailand, pick-up truck production in 
     Thailand will soon approach 1,000,000 units annually, and 
     could grow even larger.
       (9) Given these facts, if Thailand were given privileged 
     access to critical segments of the United States automobile 
     market in an FTA, it could be used by third-country 
     automobile producers as a backdoor into the United States 
     market; however, Japan, South Korea, India, and other major 
     producing countries would not be required to reduce their 
     tariff and nontariff barriers to United States automobile 
     producers, and in fact the tariff and nontariff barriers 
     maintained by those countries would continue to distort 
     global markets and restrict the access of United States 
     exports to markets in those countries.
       (10) Given that these third-country producers would already 
     have privileged access to the United States market through 
     the United States-Thailand FTA, their home countries would 
     have less incentive to address the inherently multilateral 
     problems in the global automobile market through negotiations 
     on a multilateral basis.
       (11) The United States automobile industry is a major 
     driver of the United States economy--accounting annually for 
     between 3 and 4 percent of the gross domestic product (GDP) 
     of the United States, leading all United States industries in 
     annual research and development spending, directly employing 
     over 500,000 highly skilled and efficient workers in jobs 
     that pay on average 60 percent higher than the average United 
     States job, and supporting the jobs of over 7,000,000 other 
     workers--and it has played a critical role in efforts to 
     revive the United States economy.
       (b) Sense of Congress.--It is the sense of Congress that 
     negotiations on access to critical segments of the United 
     States automobile market should not take place on a piecemeal 
     basis, but only--
       (1) as part of negotiations that include all major 
     automobile producing nations; and
       (2) as part of comprehensive negotiations that address both 
     tariff and nontariff barriers specific to the automobile 
     industry, with progress on eliminating tariff barriers 
     explicitly linked to concrete progress on eliminating 
     nontariff barriers.
                                 ______
                                 
  SA 2682. Mr. SMITH (for himself, Mrs. Lincoln, Mr. Bunning, Mr. 
Wyden, Mr. Specter, Mr. Breaux, and Mr. Kohl) submitted an amendment 
intended to be proposed by him to the bill S. 1637, to amend the 
Internal Revenue Code of 1986 to comply with the World Trade 
Organization rulings on the FSC/ETI benefit in a manner that preserves 
jobs and production activities in the United States, to reform and 
simplify the international taxation rules of the United States, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 179, after line 25, insert the following:

     SEC. __. PREMIUMS FOR MORTGAGE INSURANCE.

       (a) In General.--Paragraph (3) of section 163(h) (relating 
     to qualified residence interest) is amended by adding after 
     subparagraph (D) the following new subparagraph:
       ``(E) Mortgage insurance premiums treated as interest.--
       ``(i) In general.--Premiums paid or accrued for qualified 
     mortgage insurance by a taxpayer during the taxable year in 
     connection with acquisition indebtedness with respect to a 
     qualified residence of the taxpayer shall be treated for 
     purposes of this subsection as qualified residence interest.
       ``(ii) Phaseout.--The amount otherwise allowable as a 
     deduction under clause (i) shall be reduced (but not below 
     zero) by 10 percent of such amount for each $1,000 ($500 in 
     the case of a married individual filing a separate return) 
     (or fraction thereof) that the taxpayer's adjusted gross 
     income for the taxable year exceeds $100,000 ($50,000 in the 
     case of a married individual filing a separate return).''.
       (b) Definition and Special Rules.--Paragraph (4) of section 
     163(h) (relating to other definitions and special rules) is 
     amended by adding at the end the following new subparagraphs:
       ``(E) Qualified mortgage insurance.--The term `qualified 
     mortgage insurance' means--
       ``(i) mortgage insurance provided by the Home Loan Guaranty 
     Program of the Department of Veterans Affairs, the Federal 
     Housing Administration, or the Rural Housing Administration, 
     and
       ``(ii) private mortgage insurance (as defined by section 2 
     of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as 
     in effect on the date of the enactment of this subparagraph).
       ``(F) Special rules for prepaid qualified mortgage 
     insurance.--Any amount paid by the taxpayer for qualified 
     mortgage insurance that is properly allocable to any mortgage 
     the payment of which extends to periods that are after the 
     close of the taxable year in which such amount is paid shall 
     be chargeable to capital account and shall be treated as paid 
     in such periods to which so allocated. No deduction shall be 
     allowed for the unamortized balance of such account if such 
     mortgage is satisfied before the end of its term. The 
     preceding sentences shall not apply to amounts paid for 
     qualified mortgage insurance provided by the Department of 
     Veterans Affairs or the Rural Housing Administration.''.
       (c) Information Returns Relating to Mortgage Insurance.--
     Section 6050H (relating to returns relating to mortgage 
     interest received in trade or business from individuals) is 
     amended by adding at the end the following new subsection:
       ``(h) Returns Relating to Mortgage Insurance Premiums.--
       ``(1) In general.--The Secretary may prescribe, by 
     regulations, that any person who, in the course of a trade or 
     business, receives from any individual premiums for mortgage 
     insurance aggregating $600 or more for any calendar year, 
     shall make a return with respect to each such individual. 
     Such return shall be in such form, shall be made at such 
     time, and shall contain such information as the Secretary may 
     prescribe.
       ``(2) Statement to be furnished to individuals with respect 
     to whom information is required.--Every person required to 
     make a return under paragraph (1) shall furnish to each 
     individual with respect to whom a return is made a written 
     statement showing such information as the Secretary may 
     prescribe. Such written statement shall be furnished on or 
     before January 31 of the year following the calendar year for 
     which the return under paragraph (1) was required to be made.
       ``(3) Special rules.--For purposes of this subsection--
       ``(A) rules similar to the rules of subsection (c) shall 
     apply, and
       ``(B) the term `mortgage insurance' means--
       ``(i) the Home Loan Guaranty Program of the Department of 
     Veterans Affairs, and mortgage insurance provided by the 
     Federal Housing Administration or the Rural Housing 
     Administration, and
       ``(ii) private mortgage insurance (as defined by section 2 
     of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as 
     in effect on the date of the enactment of this 
     subparagraph).''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or accrued after the date of 
     enactment of this Act in taxable years ending after such 
     date.
                                 ______
                                 
  SA 2683. Mr. SANTORUM (for himself, Mr. Nelson of Florida, and Mr. 
Kyl) submitted an amendment intended to be proposed by him to the bill 
S. 1637, to amend the Internal Revenue Code of 1986 to comply with the 
World Trade Organization rulings on the FSC/ETI benefit in a manner 
that

[[Page 3500]]

preserves jobs and production activities in the United States, to 
reform and simplify the international taxation rules of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 166 of amendment number 2645, as agreed to, between 
     lines 15 and 16, insert the following:

     SEC. __. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS ENTERTAINMENT 
                   COMPLEXES.

       (a) 7-Year Property.--Subparagraph (C) of section 168(e)(3) 
     of the Internal Revenue Code of 1986 (relating to 
     classification of certain property) is amended by 
     redesignating clause (ii) as clause (iii) and by inserting 
     after clause (i) the following new clause:
       ``(ii) any motorsports entertainment complex, and''.
       (b) Definition.--Section 168(i) of such Code (relating to 
     definitions and special rules) is amended by adding at the 
     end the following new paragraph:
       ``(15) Motorsports entertainment complex.--
       ``(A) In general.--The term `motorsports entertainment 
     complex' means a racing track facility that is permanently 
     situated on land and which during the applicable period is 
     scheduled to host one or more racing events for automobiles 
     (of any type), trucks, or motorcycles that are open to the 
     public for the price of admission.
       ``(B) Ancillary and support facilities.--Such term shall 
     include, if owned by the complex and provided for the benefit 
     of patrons of the complex--
       ``(i) ancillary grounds and facilities and land 
     improvements in support of the complex's activities 
     (including parking lots, sidewalks, waterways, bridges, 
     fences, and landscaping),
       ``(ii) support facilities (including food and beverage 
     retailing, souvenir vending, and other nonlodging 
     accommodations), and
       ``(iii) appurtenances associated with such facilities and 
     related attractions and amusements (including ticket booths, 
     race track surfaces, suites and hospitality facilities, 
     grandstands and viewing structures, props, walls, facilities 
     that support the delivery of entertainment services, other 
     special purpose structures, facades, shop interiors, and 
     buildings).
       ``(C) Exception.--Such term shall not include any 
     transportation equipment, administrative services assets, 
     warehouses, administrative buildings, hotels, or motels.
       ``(D) Applicable period.--For purposes of subparagraph (A), 
     the term `applicable period' means the period ending the 
     later of the last day of--
       ``(i) the 24 month period following the first day of the 
     month in which the asset is or was placed in service, or
       ``(ii) the 24 month period ending December 31, 2003, to the 
     extent that the asset remains in service during such 
     period.''.
       (c) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply to any property placed in service before, on, or after 
     the date of the enactment of this Act.
       (2) Transition rule for property placed in service on or 
     before enactment.--In the case of property placed in service 
     on or before the date of the enactment of this Act, the 
     taxpayer may elect (in such form and manner as the Secretary 
     may prescribe), not to apply section 168 of the Internal 
     Revenue Code of 1986 (as amended by this section) to such 
     property.
                                 ______
                                 
  SA 2684. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill S. 1637, to amend the Internal Revenue Code of 1986 
to comply with the World Trade Organization rulings on the FSC/ETI 
benefit in a manner that preserves jobs and production activities in 
the United States, to reform and simplify the international taxation 
rules of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end, add the following:

                  TITLE __--UNEMPLOYMENT COMPENSATION

     SEC. __01. EXTENSION OF THE TEMPORARY EXTENDED UNEMPLOYMENT 
                   COMPENSATION ACT OF 2002.

       (a) In General.--Section 208 of the Temporary Extended 
     Unemployment Compensation Act of 2002 (Public Law 107-147; 
     116 Stat. 30), as amended by Public Law 108-1 (117 Stat. 3) 
     and the Unemployment Compensation Amendments of 2003 (Public 
     Law 108-26; 117 Stat. 751), is amended--
       (1) in subsection (a)(2), by striking ``December 31, 2003'' 
     and inserting ``June 30, 2004'';
       (2) in subsection (b)(1), by striking ``December 31, 2003'' 
     and inserting ``June 30, 2004'';
       (3) in subsection (b)(2)--
       (A) in the heading, by striking ``december 31, 2003'' and 
     inserting ``june 30, 2004''; and
       (B) by striking ``December 31, 2003'' and inserting ``June 
     30, 2004''; and
       (4) in subsection (b)(3), by striking ``March 31, 2004'' 
     and inserting ``September 30, 2004''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Temporary Extended Unemployment Compensation Act of 2002 
     (Public Law 107-147; 116 Stat. 21).

     SEC. __02. ADDITIONAL REVISION TO CURRENT TEUC-X TRIGGER.

       (a) In General.--Section 203(c)(2)(B) of the Temporary 
     Extended Unemployment Compensation Act of 2002 (Public Law 
     107-147; 116 Stat. 30) is amended to read as follows:
       ``(B) such a period would then be in effect for such State 
     under such Act if--
       ``(i) section 203(d) of such Act were applied as if it had 
     been amended by striking `5' each place it appears and 
     inserting `4'; and
       ``(ii) with respect to weeks of unemployment beginning 
     after December 27, 2003--

       ``(I) paragraph (1)(A) of such section 203(d) did not 
     apply; and
       ``(II) clause (ii) of section 203(f)(1)(A) of such Act did 
     not apply.''.

       (b) Application.--Section 203(c)(2)(B)(ii) of the Temporary 
     Extended Unemployment Compensation Act of 2002 (Public Law 
     107-147; 116 Stat. 30), as added by subsection (a), shall 
     apply with respect to payments for weeks of unemployment 
     beginning on or after the date of enactment this Act.

     SEC. __03. TEMPORARY STATE AUTHORITY TO WAIVE APPLICATION OF 
                   LOOKBACKS UNDER THE FEDERAL-STATE EXTENDED 
                   UNEMPLOYMENT COMPENSATION ACT OF 1970.

       For purposes of conforming with the provisions of the 
     Federal-State Extended Unemployment Compensation Act of 1970 
     (26 U.S.C. 3304 note), a State may, during the period 
     beginning on the date of enactment of this Act and ending on 
     June 30, 2004, waive the application of either subsection 
     (d)(1)(A) of section 203 of such Act or subsection 
     (f)(1)(A)(ii) of such section, or both.
                                 ______
                                 
  SA 2685. Mr. THOMAS (for Mr. McCain (for himself and Mr. Warner)) 
proposed an amendment to amendment SA 2660 proposed by Mr. Dodd (for 
himself, Mr. Coleman, Mr. Kennedy, Mr. Corzine, Ms. Mikulski, and Mr. 
Feingold) to the bill S. 1637, to amend the Internal Revenue Code of 
1986 to comply with the World Trade Organization rulings on the FSC/ETI 
benefit in a manner that preserves jobs and production activities in 
the United States, to reform and simplify the international taxation 
rules of the United States, and for other purposes; as follows:

       On page 5, insert after line 16 the following:
       (e) National Security Exemption.--Subsection (b) shall not 
     apply to any procurement for national security purposes 
     entered into by:
       (1) the Department of Defense or any agency or entity 
     thereof;
       (2) the Department of the Army, the Department of the Navy, 
     the Department of the Air Force, or any agency or entity of 
     any of the military departments;
       (3) the Department of Homeland Security;
       (4) the Department of Energy or any agency or entity 
     thereof, with respect to the national security programs of 
     that Department; or
       (5) any element of the intelligence community.
                                 ______
                                 
  SA 2686. Mr. BUNNING (for himself, Ms. Stabenow, Mrs. Feinstein, Mr. 
Levin, Mr. Kohl, and Mr. Rockefeller) proposed an amendment to the bill 
S. 1637, to amend the Internal Revenue Code of 1986 to comply with the 
World Trade Organization rulings on the FSC/ETI benefit in a manner 
that preserves jobs and production activities in the United States, to 
reform and simplify the international taxation rules of the United 
States, and for other purposes; as follows:

       On page 71, strike lines 17 through 21, and the matter 
     before line 22, and insert the following:
       ``(2) Phasein.--In the case of taxable years beginning in 
     2004, 2005, 2006, 2007, or 2008, paragraph (1) shall be 
     applied by substituting for the percentage contained therein 
     the transition percentage determined under the following 
     table:

``Taxable years                                          The transition
beginning in:                                            percentage is:
2004, 2005, or 2006.................................................  5
2007................................................................  6
2008................................................................ 7.

                                 ______
                                 
  SA 2687. Mr. GRASSLEY (for Mr. Bayh (for himself, Mr. Santorum, Mr. 
Bunning, Mr. Grassley, Mr. Baucus, and Mr. Dorgan)) proposed an 
amendment to amendment SA 2686 proposed by Mr. Bunning (for himself, 
Ms. Stabenow, Mrs. Feinstein, Mr. Levin, Mr. Kohl, and Mr. Rockefeller) 
to the bill S. 1637, to amend the Internal Revenue Code of 1986 to 
comply with the World Trade Organization rulings on the FSC/ETI benefit 
in a manner that preserves jobs and production activities in the United 
States, to reform and simplify the international taxation rules of the 
United States, and for other purposes; as follows:


[[Page 3501]]

       At the end of the amendment add the following:

           TITLE V--EXTENSIONS OF CERTAIN EXPIRING PROVISIONS

                         Subtitle A--Extensions

     SEC. 501. PARITY IN THE APPLICATION OF CERTAIN LIMITS TO 
                   MENTAL HEALTH BENEFITS.

       (a) In General.--Section 9812(f) is amended--
       (1) by striking ``and'' at the end of paragraph (1), and
       (2) by striking paragraph (2) and inserting the following 
     new paragraphs:
       ``(2) on or after January 1, 2004, and before the date of 
     the enactment of the Jumpstart Our Business Strength (JOBS) 
     Act, and
       ``(3) after December 31, 2005.''.
       (b) ERISA.--Section 712(f) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1185a(f)) is amended 
     by striking ``on or after December 31, 2004'' and inserting 
     ``after December 31, 2005''.
       (c) PHSA.--Section 2705(f) of the Public Health Service Act 
     (42 U.S.C. 300gg-5(f)) is amended by striking ``on or after 
     December 31, 2004'' and inserting ``after December 31, 
     2005''.
       (d) Effective Dates.--
       (1) Subsection (a).--The amendments made by subsection (a) 
     shall apply to benefits for services furnished on or after 
     December 31, 2003.
       (2) Subsections (b) and (c).--The amendments made by 
     subsections (b) and (c) shall apply to benefits for services 
     furnished on or after December 31, 2004.

     SEC. 502. MODIFICATIONS TO WORK OPPORTUNITY CREDIT AND 
                   WELFARE-TO-WORK CREDIT.

       (a) Extension of Credit.--
       (1) Subparagraph (B) of section 51(c)(4) is amended by 
     striking ``December 31, 2003'' and inserting ``December 31, 
     2005''.
       (2) Subsection (f) of section 51A is amended by striking by 
     striking ``December 31, 2003'' and inserting ``December 31, 
     2005''.
       (b) Eligibility of Ex-Felons Determined Without Regard to 
     Family Income.--Paragraph (4) of section 51(d) is amended by 
     adding ``and'' at the end of subparagraph (A), by striking 
     ``, and'' at the end of subparagraph (B) and inserting a 
     period, and by striking all that follows subparagraph (B).
       (c) Increase in Maximum Age for Eligibility of Food Stamp 
     Recipients.--Clause (i) of section 51(d)(8)(A) is amended by 
     striking ``25'' and inserting ``40''.
       (d) Increase in Maximum Age for Designated Community 
     residents.--
       (1) In general.--Paragraph (5) of section 51(d) is amended 
     to read as follows:
       ``(5) Designated community residents.--
       ``(A) In general.--The term `designated community resident' 
     means any individual who is certified by the designated local 
     agency--
       ``(i) as having attained age 18 but not age 40 on the 
     hiring date, and
       ``(ii) as having his principal place of abode within an 
     empowerment zone, enterprise community, or renewal community.
       ``(B) Individual must continue to reside in zone or 
     community.--In the case of a designated community resident, 
     the term `qualified wages' shall not include wages paid or 
     incurred for services performed while the individual's 
     principal place of abode is outside an empowerment zone, 
     enterprise community, or renewal community.''
       (2) Conforming amendment.--Subparagraph (D) of section 
     51(d)(1) is amended to read as follows:
       ``(D) a designated community resident,''.
       (e) Clarification of Treatment of Individuals Under 
     Individual Work Plans.--Subparagraph (B) of section 51(d)(6) 
     (relating to vocational rehabilitation referral) is amended 
     by striking ``or'' at the end of clause (i), by striking the 
     period at the end of clause (ii) and inserting ``, or'', and 
     by adding at the end the following new clause:
       ``(iii) an individual work plan developed and implemented 
     by an employment network pursuant to subsection (g) of 
     section 1148 of the Social Security Act with respect to which 
     the requirements of such subsection are met.''
       (f) Effective Dates.--
       (1) Extension of credits.--The amendments made by 
     subsection (a) shall apply to individuals who begin work for 
     the employer after December 31, 2003.
       (2) Modifications.--The amendments made by subsections (b), 
     (c), (d), and (e) shall apply to individuals who begin work 
     for the employer after December 31, 2004.

     SEC. 503. CONSOLIDATION OF WORK OPPORTUNITY CREDIT WITH 
                   WELFARE-TO-WORK CREDIT.

       (a) In General.--Paragraph (1) of section 51(d) is amended 
     by striking ``or'' at the end of subparagraph (G), by 
     striking the period at the end of subparagraph (H) and 
     inserting ``, or'', and by adding at the end the following 
     new subparagraph:
       ``(I) a long-term family assistance recipient.''
       (b) Long-Term Family Assistance Recipient.--Subsection (d) 
     of section 51 is amended by redesignating paragraphs (10) 
     through (12) as paragraphs (11) through (13), respectively, 
     and by inserting after paragraph (9) the following new 
     paragraph:
       ``(10) Long-term family assistance recipient.--The term 
     `long-term family assistance recipient' means any individual 
     who is certified by the designated local agency--
       ``(A) as being a member of a family receiving assistance 
     under a IV-A program (as defined in paragraph (2)(B)) for at 
     least the 18-month period ending on the hiring date,
       ``(B)(i) as being a member of a family receiving such 
     assistance for 18 months beginning after August 5, 1997, and
       ``(ii) as having a hiring date which is not more than 2 
     years after the end of the earliest such 18-month period, or
       ``(C)(i) as being a member of a family which ceased to be 
     eligible for such assistance by reason of any limitation 
     imposed by Federal or State law on the maximum period such 
     assistance is payable to a family, and
       ``(ii) as having a hiring date which is not more than 2 
     years after the date of such cessation.''
       (c) Increased Credit for Employment of Long-Term Family 
     Assistance Recipients.--Section 51 is amended by inserting 
     after subsection (d) the following new subsection:
       ``(e) Credit for Second-Year Wages for Employment of Long-
     Term Family Assistance Recipients.--
       ``(1) In general.--With respect to the employment of a 
     long-term family assistance recipient--
       ``(A) the amount of the work opportunity credit determined 
     under this section for the taxable year shall include 50 
     percent of the qualified second-year wages for such year, and
       ``(B) in lieu of applying subsection (b)(3), the amount of 
     the qualified first-year wages, and the amount of qualified 
     second-year wages, which may be taken into account with 
     respect to such a recipient shall not exceed $10,000 per 
     year.
       ``(2) Qualified second-year wages.--For purposes of this 
     subsection, the term `qualified second-year wages' means 
     qualified wages--
       ``(A) which are paid to a long-term family assistance 
     recipient, and
       ``(B) which are attributable to service rendered during the 
     1-year period beginning on the day after the last day of the 
     1-year period with respect to such recipient determined under 
     subsection (b)(2).
       ``(3) Special rules for agricultural and railway labor.--If 
     such recipient is an employee to whom subparagraph (A) or (B) 
     of subsection (h)(1) applies, rules similar to the rules of 
     such subparagraphs shall apply except that--
       ``(A) such subparagraph (A) shall be applied by 
     substituting `$10,000' for `$6,000', and
       ``(B) such subparagraph (B) shall be applied by 
     substituting `$833.33' for `$500'.''
       (d) Repeal of Separate Welfare-to-Work Credit.--
       (1) In general.--Section 51A is hereby repealed.
       (2) Clerical amendment.--The table of sections for subpart 
     F of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 51A.
       (e) Effective Date.--The amendments made by this section 
     shall apply to individuals who begin work for the employer 
     after December 31, 2004.

     SEC. 504. QUALIFIED ZONE ACADEMY BONDS.

       (a) In General.--Paragraph (1) of section 1397E(e) is 
     amended by striking ``and 2003'' and inserting ``2003, 2004, 
     and 2005''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to obligations issued after December 31, 2003.

     SEC. 505. COVER OVER OF TAX ON DISTILLED SPIRITS.

       (a) In General.--Paragraph (1) of section 7652(f) is 
     amended by striking ``January 1, 2004'' and inserting 
     ``January 1, 2006''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to articles brought into the United States after 
     December 31, 2003.

     SEC. 506. DEDUCTION FOR CORPORATE DONATIONS OF SCIENTIFIC 
                   PROPERTY AND COMPUTER TECHNOLOGY.

       (a) Scientific Property Used for Research.--
       (1) In general.--Clause (ii) of section 170(e)(4)(B) 
     (defining qualified research contributions) is amended by 
     inserting ``or assembled'' after ``constructed''.
       (2) Conforming amendment.--Clause (iii) of section 
     170(e)(4)(B) is amended by inserting ``or assembling'' after 
     ``construction''.
       (b) Computer Technology and Equipment for Educational 
     Purposes.--
       (1) In general.--Clause (ii) of section 170(e)(6)(B) is 
     amended by inserting ``or assembled'' after ``constructed'' 
     and ``or assembling'' after ``construction''.
       (2) Special rule extended.--Section 170(e)(6)(G) is amended 
     by striking ``2003'' and inserting ``2005''.
       (3) Conforming amendments.--Subparagraph (D) of section 
     170(e)(6) is amended by inserting ``or assembled'' after 
     ``constructed'' and ``or assembling'' after ``construction''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2003.

     SEC. 507. DEDUCTION FOR CERTAIN EXPENSES OF SCHOOL TEACHERS.

       (a) In General.--Subparagraph (D) of section 62(a)(2) is 
     amended by striking ``or 2003'' and inserting ``, 2003, 2004, 
     or 2005''.

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       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to expenses paid or incurred in taxable years 
     beginning after December 31, 2003.

     SEC. 508. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.

       (a) Extension of Termination Date.--Subsection (h) of 
     section 198 is amended by striking ``December 31, 2003'' and 
     inserting ``December 31, 2005''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to expenditures paid or incurred after December 
     31, 2003.

     SEC. 509. EXPANSION OF CERTAIN NEW YORK LIBERTY ZONE 
                   BENEFITS.

       (a) Extension of Tax-Exempt Bond Financing.--Subparagraph 
     (D) of section 1400L(d)(2) is amended by striking ``2005'' 
     and inserting ``2006''.
       (b) Clarification of Bonds Eligible for Advance 
     Refunding.--Section 1400L(e)(2)(B) (relating to bonds 
     described) is amended by striking ``, or'' and inserting ``or 
     the Municipal Assistance Corporation, or''.
       (c) Election Out Technical Amendment.--Subsection (c) of 
     section 1400L is amended by adding at the end the following 
     new paragraph:
       ``(5) Election out.--For purposes of this subsection, rules 
     similar to the rules of section 168(k)(2)(C)(iii) shall 
     apply.''.
       (d) Effective date.--The amendments made by subsections (b) 
     and (c) shall take effect as if included in the amendments 
     made by section 301 of the Job Creation and Worker Assistance 
     Act of 2002.

     SEC. 510. TEMPORARY SPECIAL RULES FOR TAXATION OF LIFE 
                   INSURANCE COMPANIES.

       (a) In General.--Subsection (j) of section 809 is amended 
     by striking ``or 2003'' and inserting ``2003, 2004, or 
     2005''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to taxable years beginning after December 31, 
     2003.

     SEC. 511. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF 
                   COLUMBIA.

       (a) Designation of Zone.--Subsection (f) of section 1400 is 
     amended by striking ``December 31, 2003'' both places it 
     appears and inserting ``December 31, 2005''.
       (b) Tax-Exempt Economic Development Bonds.--Subsection (b) 
     of section 1400A is amended by striking ``December 31, 2003'' 
     and inserting ``December 31, 2005''.
       (c) Zero Percent Capital Gains Rate.--
       (1) In general.--Subsection (b) of section 1400B is amended 
     by striking ``January 1, 2004'' each place it appears and 
     inserting ``January 1, 2006''.
       (2) Conforming amendments.--
       (A) Section 1400B(e)(2) is amended--
       (i) by striking ``December 31, 2008'' and inserting 
     ``December 31, 2010'', and
       (ii) by striking ``2008'' in the heading and inserting 
     ``2010''.
       (B) Section 1400B(g)(2) is amended by striking ``December 
     31, 2008'' and inserting ``December 31, 2010''.
       (C) Section 1400F(d) is amended by striking ``December 31, 
     2008'' and inserting ``December 31, 2010''.
       (d) First-Time Homebuyer Credit.--Subsection (i) of section 
     1400C is amended by striking ``January 1, 2004'' and 
     inserting ``January 1, 2006''.
       (e) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall take effect on January 
     1, 2004.
       (2) Tax-exempt economic development bonds.--The amendment 
     made by subsection (b) shall apply to obligations issued 
     after the date of the enactment of this Act.

     SEC. 512. COMBINED EMPLOYMENT TAX REPORTING PROGRAM.

       (a) In General.--Paragraph (1) of section 976(b) of the 
     Taxpayer Relief Act of 1997 is amended by striking ``the 
     State of Montana for a period ending with the date which is 5 
     years after the date of the enactment of this Act'' and 
     inserting ``any State''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to disclosures on or after the date of the 
     enactment of this Act.

     SEC. 513. ALLOWANCE OF NONREFUNDABLE PERSONAL CREDITS AGAINST 
                   REGULAR AND MINIMUM TAX LIABILITY.

       (a) In General.--Paragraph (2) of section 26(a) is 
     amended--
       (1) by striking ``rule for 2000, 2001, 2002, and 2003.--'' 
     and inserting ``rule for taxable years 2000 through 2004.--
     '', and
       (2) by striking ``or 2003'' and inserting ``2003, or 
     2004''.
       (b) Conforming Provisions.--
       (1) Section 904(h) is amended by striking ``or 2003'' and 
     inserting ``2003, or 2004''.
       (2) The amendments made by sections 201(b), 202(f), and 
     618(b) of the Economic Growth and Tax Relief Reconciliation 
     Act of 2001 shall not apply to taxable years beginning during 
     2004.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2003.

     SEC. 514. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN 
                   RENEWABLE RESOURCES.

       (a) In General.--Subparagraphs (A), (B), and (C) of section 
     45(c)(3) are each amended by striking ``January 1, 2004'' and 
     inserting ``January 1, 2005''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to facilities placed in service after December 
     31, 2003.

     SEC. 515. TAXABLE INCOME LIMIT ON PERCENTAGE DEPLETION FOR 
                   OIL AND NATURAL GAS PRODUCED FROM MARGINAL 
                   PROPERTIES.

       (a) In General.--Subparagraph (H) of section 613A(c)(6) is 
     amended by striking ``January 1, 2004'' and inserting 
     ``January 1, 2005''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to taxable years beginning after December 31, 
     2003.

     SEC. 516. INDIAN EMPLOYMENT TAX CREDIT.

       Section 45A(f) (relating to termination) is amended by 
     striking ``December 31, 2004'' and inserting ``December 31, 
     2005''.

     SEC. 517. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON 
                   INDIAN RESERVATION.

       Section 168(j)(8) (relating to termination) is amended by 
     striking ``December 31, 2004'' and inserting ``December 31, 
     2005''.

     SEC. 518. DISCLOSURE OF RETURN INFORMATION RELATING TO 
                   STUDENT LOANS.

       Section 6103(l)(13)(D) (relating to termination) is amended 
     by striking ``December 31, 2004'' and inserting ``December 
     31, 2005''.

     SEC. 519. EXTENSION OF TRANSFERS OF EXCESS PENSION ASSETS TO 
                   RETIREE HEALTH ACCOUNTS.

       (a) Amendment of Internal Revenue Code of 1986.--Paragraph 
     (5) of section 420(b) (relating to expiration) is amended by 
     striking ``December 31, 2005'' and inserting ``December 31, 
     2013''.
       (b) Amendments of ERISA.--
       (1) Section 101(e)(3) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1021(e)(3)) is amended by 
     striking ``Tax Relief Extension Act of 1999'' and inserting 
     ``Jumpstart Our Business Strength (JOBS) Act''.
       (2) Section 403(c)(1) of such Act (29 U.S.C. 1103(c)(1)) is 
     amended by striking ``Tax Relief Extension Act of 1999'' and 
     inserting ``Jumpstart Our Business Strength (JOBS) Act''.
       (3) Paragraph (13) of section 408(b) of such Act (29 U.S.C. 
     1108(b)(3)) is amended--
       (A) by striking ``January 1, 2006'' and inserting ``January 
     1, 2014'', and
       (B) by striking ``Tax Relief Extension Act of 1999'' and 
     inserting ``Jumpstart Our Business Strength (JOBS) Act''.
       (c) Minimum Cost Requirements.--
       (1) In general.--Section 420(c)(3)(E) is amended by adding 
     at the end the following new clause:
       ``(ii) Insignificant cost reductions permitted.--

       ``(I) In general.--An eligible employer shall not be 
     treated as failing to meet the requirements of this paragraph 
     for any taxable year if, in lieu of any reduction of retiree 
     health coverage permitted under the regulations prescribed 
     under clause (i), the employer reduces applicable employer 
     cost by an amount not in excess of the reduction in costs 
     which would have occurred if the employer had made the 
     maximum permissible reduction in retiree health coverage 
     under such regulations. In applying such regulations to any 
     subsequent taxable year, any reduction in applicable employer 
     cost under this clause shall be treated as if it were an 
     equivalent reduction in retiree health coverage.
       ``(II) Eligible employer.--For purposes of subclause (I), 
     an employer shall be treated as an eligible employer for any 
     taxable year if, for the preceding taxable year, the 
     qualified current retiree health liabilities of the employer 
     were at least 5 percent of the gross receipts of the 
     employer. For purposes of this subclause, the rules of 
     paragraphs (2), (3)(B), and (3)(C) of section 448(c) shall 
     apply in determining the amount of an employer's gross 
     receipts.''

       (2) Conforming amendment.--Section 420(c)(3)(E) is amended 
     by striking ``The Secretary'' and inserting:
       ``(i) In general.--The Secretary''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.

     SEC. 520. ELIMINATION OF PHASEOUT OF CREDIT FOR QUALIFIED 
                   ELECTRIC VEHICLES.

       (a) In General.--Section 30(b) is amended by striking 
     paragraph (2) and by redesignating paragraph (3) as paragraph 
     (2).
       (b) Conforming Amendments.--
       (1) Section 53(d)(1)(B)(iii) is amended by striking 
     ``section 30(b)(3)(B)'' and inserting ``section 
     30(b)(2)(B)''.
       (2) Section 55(c)(2) is amended by striking ``30(b)(3)'' 
     and inserting ``30(b)(2)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2003.

     SEC. 521. ELIMINATION OF PHASEOUT FOR DEDUCTION FOR CLEAN-
                   FUEL VEHICLE PROPERTY.

       (a) In General.--Paragraph (1) of section 179A(b) is 
     amended to read as follows:
       ``(1) Qualified clean-fuel vehicle property.--The cost 
     which may be taken into account under subsection (a)(1)(A) 
     with respect to any motor vehicle shall not exceed--
       ``(A) in the case of a motor vehicle not described in 
     subparagraph (B) or (C), $2,000,
       ``(B) in the case of any truck or van with a gross vehicle 
     weight rating greater than 10,000 pounds but not greater than 
     26,000 pounds, $5,000, or

[[Page 3503]]

       ``(C) $50,000 in the case of--
       ``(i) a truck or van with a gross vehicle weight rating 
     greater than 26,000 pounds, or
       ``(ii) any bus which has a seating capacity of at least 20 
     adults (not including the driver).''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to property placed in service after December 31, 
     2003.

                     Subtitle B--Revenue Provisions

     SEC. 531. DONATIONS OF MOTOR VEHICLES, BOATS, AND AIRPLANES.

       (a) In General.--Subsection (f) of section 170 (relating to 
     disallowance of deduction in certain cases and special rules) 
     is amended by adding at the end the following new paragraph:
       ``(11) Contributions of used motor vehicles, boats, and 
     airplanes.--
       ``(A) In general.--In the case of a contribution of a 
     qualified vehicle in excess of $500--
       ``(i) paragraph (8) shall not apply and no deduction shall 
     be allowed under subsection (a) for such contribution unless 
     the taxpayer substantiates the contribution by a 
     contemporaneous written acknowledgement of the contribution 
     by the donee organization that meets the requirements of 
     subparagraph (B) and includes the acknowledgement with the 
     taxpayer's return of tax which includes the deduction, and
       ``(ii) if the organization sells the vehicle without any 
     significant intervening use or material improvement of such 
     vehicle by the organization, the amount of the deduction 
     allowed under subsection (a) shall not exceed the gross 
     proceeds received from such sale.
       ``(B) Content of acknowledgement.--An acknowledgement meets 
     the requirements of this subparagraph if it includes the 
     following information:
       ``(i) The name and taxpayer identification number of the 
     donor.
       ``(ii) The vehicle identification number or similar number.
       ``(iii) In the case of a qualified vehicle sold by the 
     donee organization--

       ``(I) a certification that the vehicle was sold in an arm's 
     length transaction between unrelated parties,
       ``(II) the gross proceeds from the sale, and
       ``(III) the amount of such gross proceeds is the deductible 
     amount.

       ``(iv) In the case of a qualified vehicle to which 
     subparagraph (A)(ii) does not apply--

       ``(I) a certification of the intended use or material 
     improvement of the vehicle and the intended duration of such 
     use, and
       ``(II) a certification that the vehicle would not be 
     transferred in exchange for money, other property, or 
     services before completion of such use or improvement.

       ``(C) Contemporaneous.--For purposes of subparagraph (A), 
     an acknowledgement shall be considered to be contemporaneous 
     if the donee organization provides it within 30 days of--
       ``(i) the sale of the qualified vehicle, or
       ``(ii) in the case of an acknowledgement including a 
     certification described in subparagraph (B)(iv), the 
     contribution of the qualified vehicle.
       ``(D) Information to secretary.--A donee organization 
     required to provide an acknowledgement under this paragraph 
     shall provide to the Secretary the information contained in 
     the acknowledgement. Such information shall be provided at 
     such time and in such manner as the Secretary may prescribe.
       ``(E) Qualified vehicle.--For purposes of this paragraph, 
     the term `qualified vehicle' means any--
       ``(i) self-propelled vehicle manufactured primarily for use 
     on public streets, roads, and highways,
       ``(ii) boat, or
       ``(iii) airplane.
     Such term shall not include any property which is described 
     in section 1221(a)(1).
       ``(F) Regulations or other guidance.--The Secretary shall 
     prescribe such regulations or other guidance as may be 
     necessary to carry out the purposes of this paragraph.''.
       (b) Penalty for Fraudulent Acknowledgments.--
       (1) In general.--Part I of subchapter B of chapter 68 
     (relating to assessable penalties) is amended adding at the 
     end the following new section:

     ``SEC. 6717. FRAUDULENT ACKNOWLEDGMENTS WITH RESPECT TO 
                   DONATIONS OF MOTOR VEHICLES, BOATS, AND 
                   AIRPLANES.

       ``Any donee organization required under section 
     170(f)(11)(A) to furnish a contemporaneous written 
     acknowledgment to a donor which knowingly furnishes a false 
     or fraudulent acknowledgment, or which knowingly fails to 
     furnish such acknowledgment in the manner, at the time, and 
     showing the information required under section 170(f)(11), or 
     regulations prescribed thereunder, shall for each such act, 
     or for each such failure, be subject to a penalty equal to--
       ``(1) in the case of an acknowledgment with respect to a 
     qualified vehicle to which section 170(f)(11)(A)(ii) applies, 
     the greater of the value of the tax benefit to the donor or 
     the gross proceeds from the sale of such vehicle, and
       ``(2) in the case of an acknowledgment with respect to any 
     other qualified vehicle to which section 170(f)(11) applies, 
     the greater of the value of the tax benefit to the donor or 
     $5,000.''.
       (2) Conforming amendment.--The table of sections for part I 
     of subchapter B of chapter 68 is amended by adding at the end 
     the following new item:

``Sec. 6717. Fraudulent acknowledgments with respect to donations of 
              motor vehicles, boats, and airplanes.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to contributions after June 30, 2004.

     SEC. 532. CHANGE IN EFFECTIVE DATE.

       Section 476(c) of this Act is amended by striking 
     ``December 31, 2003'' and inserting ``November 18, 2003''.

     SEC. 533. ADDITION OF VACCINES AGAINST INFLUENZA TO LIST OF 
                   TAXABLE VACCINES.

       (a) In General.--Section 4132(a)(1) (defining taxable 
     vaccine) is amended adding at the end the following new 
     subparagraph:
       ``(M) Any trivalent vaccine against influenza.''.
       (b) Conforming Amendment.--Section 9510(c)(1)(A) is amended 
     by striking ``October 18, 2000'' and inserting ``the date of 
     the enactment of the Jumpstart Our Business Strength (JOBS) 
     Act''.
       (b) Effective Date.--
       (1) Sales, etc.--The amendment made by this section shall 
     apply to sales and uses on or after the later of--
       (A) the first day of the first month which begins more than 
     4 weeks after the date of the enactment of this Act, or
       (B) the date on which the Secretary of Health and Human 
     Services lists any vaccine against influenza for purposes of 
     compensation for any vaccine-related injury or death through 
     the Vaccine Injury Compensation Trust Fund.
       (2) Deliveries.--For purposes of paragraph (1) and section 
     4131 of the Internal Revenue Code of 1986, in the case of 
     sales on or before the effective date described in such 
     paragraph for which delivery is made after such date, the 
     delivery date shall be considered the sale date.

     SEC. 534. TREATMENT OF CONTINGENT PAYMENT CONVERTIBLE DEBT 
                   INSTRUMENTS.

       (a) In General.--Section 1275(d) (relating to regulation 
     authority) is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary'', and
       (2) by adding at the end the following new paragraph:
       ``(2) Treatment of contingent payment convertible debt.--
       ``(A) In general.--In the case of a debt instrument which--
       ``(i) is convertible into stock of the issuing corporation, 
     or a corporation in control of, or controlled by, the issuing 
     corporation, and
       ``(ii) provides for contingent payments,
     any regulations which require original issue discount to be 
     determined by reference to the comparable yield of a 
     noncontingent debt instrument also shall require that such 
     comparable yield be determined by reference to a 
     noncontingent debt instrument which is convertible into 
     stock.
       ``(B) Special rules.-- For purposes of subparagraph (A)--
       ``(i) the comparable yield shall be determined without 
     taking into account the yield resulting from the conversion 
     of a debt instrument into stock, and
       ``(ii) the term `control' has the meaning given such term 
     by section 368(c).''.
       (b) Cross Reference.--Section 163(e)(6) (relating to cross 
     references) is amended by adding at the end the following:
       ``For the treatment of contingent payment convertible debt, 
     see section 175(d)(2).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to debt instruments issued after the date of the 
     enactment of this Act.

     SEC. 535. MODIFICATION OF CONTINUING LEVY ON PAYMENTS TO 
                   FEDERAL VENDERS.

       (a) In General.--Section 6331(h) (relating to continuing 
     levy on certain payments) is amended by adding at the end the 
     following new paragraph:
       ``(3) Increase in levy for certain payments.--Paragraph (1) 
     shall be applied by substituting `100 percent' for `15 
     percent' in the case of any specified payment due to a vendor 
     of goods or services sold or leased to the Federal 
     Government.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act.
                                 ______
                                 
  SA 2688. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 1637, to amend the Internal Revenue Code of 1986 to 
comply with the World Trade Organization rulings on the FSC/ETI benefit 
in a manner that preserves jobs and production activities in the United 
States, to reform and simplify the international taxation rules of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 179, after line 25, add the following:

[[Page 3504]]



     SEC. __. RESTORATION OF DEDUCTION FOR TRAVEL EXPENSES OF 
                   SPOUSE, ETC. ACCOMPANYING TAXPAYER ON BUSINESS 
                   TRAVEL.

       (a) In General.--Subsection (m) of section 274 (relating to 
     additional limitations on travel expenses) is amended by 
     striking paragraph (3).
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts paid or incurred after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 2689. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her to the bill S. 1637, to amend the Internal Revenue Code of 1986 
to comply with the World Trade Organization rulings on the FSC/ETI 
benefit in a manner that preserves jobs and production activities in 
the United States, to reform and simplify the international taxation 
rules of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end of subtitle A of title III, insert:

     SEC. ____. DEDUCTION FOR CERTAIN EXPENSES INCURRED IN SUPPORT 
                   OF NATIVE ALASKAN SUBSISTENCE WHALING.

       (a) In General.--Section 170 (relating to charitable, etc., 
     contributions and gifts) is amended by redesignating 
     subsection (m) as subsection (n) and by inserting after 
     subsection (l) the following new subsection:
       ``(m) Expenses Paid by Certain Whaling Captains in Support 
     of Native Alaskan Subsistence Whaling.--
       ``(1) In general.--In the case of an individual who is 
     recognized by the Alaska Eskimo Whaling Commission as a 
     whaling captain charged with the responsibility of 
     maintaining and carrying out sanctioned whaling activities 
     and who engages in such activities during the taxable year, 
     the amount described in paragraph (2) (to the extent such 
     amount does not exceed $10,000 for the taxable year) shall be 
     treated for purposes of this section as a charitable 
     contribution.
       ``(2) Amount described.--
       ``(A) In general.--The amount described in this paragraph 
     is the aggregate of the reasonable and necessary whaling 
     expenses paid by the taxpayer during the taxable year in 
     carrying out sanctioned whaling activities.
       ``(B) Whaling expenses.--For purposes of subparagraph (A), 
     the term `whaling expenses' includes expenses for--
       ``(i) the acquisition and maintenance of whaling boats, 
     weapons, and gear used in sanctioned whaling activities,
       ``(ii) the supplying of food for the crew and other 
     provisions for carrying out such activities, and
       ``(iii) storage and distribution of the catch from such 
     activities.
       ``(3) Sanctioned whaling activities.--For purposes of this 
     subsection, the term `sanctioned whaling activities' means 
     subsistence bowhead whale hunting activities conducted 
     pursuant to the management plan of the Alaska Eskimo Whaling 
     Commission.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to contributions made after December 31, 2003.
                                 ______
                                 
  SA 2690. Mrs. FEINSTEIN (for herself, Mr. Conrad, and Mrs. Boxer) 
submitted an amendment intended to be proposed by her to the bill S. 
1637, to amend the Internal Revenue Code of 1986 to comply with the 
World Trade Organization rulings on the FSC/ETI benefit in a manner 
that preserves jobs and production activities in the United States, to 
reform and simplify the international taxation rules of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 71, between lines 2 and 3, insert the following:
       (f) Exception for Audiovisual Services.--
       (1) In general.--The amendments made by subsections (a) and 
     (b) shall not apply to extraterritorial income derived from 
     audiovisual services.
       (2) Coordination with deduction for income attributable to 
     united states production activities.--The deduction under 
     section 199 of the Internal Revenue Code of 1986, as added by 
     section 102 of this Act, shall not apply to any income 
     described in paragraph (1).
       (3) Coordination with transition rules.--The base period 
     amount under subsection (e)(4) shall not take into account 
     extraterritorial income derived from audiovisual services.
       (4) Audiovisual services.--For purposes of this subsection, 
     the term ``audiovisual services'' means such activities as 
     are treated as audiovisual services for purposes of the 
     General Agreement on Trade in Services referred to in section 
     101(d)(14) of the Uruguay Round Agreements Act (19 U.S.C. 
     3511(d)(14)).
                                 ______
                                 
  SA 2691. Ms. SNOWE (for herself, Mr. Lott, Mr. Breaux, Mr. Allen, Mr. 
Warner, Mrs. Boxer, Mr. Bunning, Mr. Cochran, Ms. Collins, Mr. Chafee, 
Mr. Dodd, Mrs. Dole, Mrs. Feinstein, Ms. Landrieu, and Mr. Kohl) 
submitted an amendment intended to be proposed by her to the bill S. 
1637, to amend the Internal Revenue Code of 1986 to comply with the 
World Trade Organization rulings on the FSC/ETI benefit in a manner 
that preserves jobs and production activities in the United States, to 
reform and simplify the international taxation rules of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle A of title III, add the following:

     SEC. __. METHOD OF ACCOUNTING FOR NAVAL SHIPBUILDERS.

       (a) In General.--Notwithstanding section 10203(b)(2)(B)(i) 
     of the Revenue Act of 1987, in the case of a qualified naval 
     ship contract, the taxable income of such contract shall be 
     determined under a method identical to the method used in the 
     case of a qualified ship contract (as defined in section 
     10203 of the Revenue Act of 1987).
       (b) Qualified Naval Ship Contract.--For purposes of this 
     section--
       (1) In general.--The term ``qualified naval ship contract'' 
     means any contract or portion thereof that is for the 
     construction in the United States of 1 ship or submarine for 
     the Federal Government if the taxpayer reasonably expects the 
     delivery date or the warranty expiration date will occur no 
     later than 8 years after the construction commencement date.
       (2) Delivery date.--The term ``delivery date'' means the 
     date on which the Federal Government issues a letter of 
     acceptance or other similar document for the ship or 
     submarine.
       (3) Warranty expiration date.--The term ``warranty 
     expiration date'' means the date on which the construction 
     contractor's responsibility to perform work or service on the 
     ship or submarine under the contract is terminated.
       (4) Construction commencement date.--The term 
     ``construction commencement date'' means the date on which 
     the physical fabrication of any section or component of the 
     ship or submarine begins.
       (c) Effective Date.--This section shall apply to contracts 
     for ships or submarines for which the Federal Government has 
     issued a letter of acceptance or other similar document after 
     the date of the enactment of this Act.

                          ____________________