[Congressional Record (Bound Edition), Volume 157 (2011), Part 10]
[Senate]
[Pages 14617-14665]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 670. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 33, after line 5, add the following:

     SEC. 16. PROHIBITION ON FOREIGN AID TO COUNTRIES HOLDING MORE 
                   THAN $10,000,000,000 IN UNITED STATES DEBT.

       (a) Prohibition on Funding.--Except as provided in 
     subsection (c), no funds may be appropriated or otherwise 
     made available to provide assistance to the people or 
     government of a country that is listed by the United States 
     Treasury as owning more than $10,000,000,000 in United States 
     debt. This prohibition includes both direct bilateral 
     assistance and assistance provided by the United States 
     Agency for International Development to nongovernmental 
     organizations and multilateral organizations, including the 
     United Nations and affiliated organizations, for programs 
     designed to assist the residents of any country that owns 
     more than $10,000,000,000 in United States debt.
       (b) Rescission of Fiscal Year 2012 Funds.--Any funds 
     appropriated or otherwise made available for fiscal year 2012 
     for assistance prohibited under subsection (a) and available 
     for obligation as of the date of the enactment of this Act 
     are hereby rescinded.
       (c) Exceptions.--
       (1) Exempted assistance.--The prohibition under subsection 
     (a) does not apply to--
       (A) Foreign Military Financing assistance;
       (B) assistance for programs to strengthen the rule of law 
     and good governance; and
       (C) assistance for programs to promote religious liberty 
     and freedom.
       (2) Presidential waiver.--
       (A) In general.--The President may waive the prohibition on 
     assistance under subsection (a) if the President determines 
     that providing such assistance is necessary to respond to an 
     emergency requirement.
       (B) Emergency requirement defined.--
       (i) Definition.--For purposes of this paragraph, an 
     emergency requirement is--

       (I) necessary, essential, or vital (not merely useful or 
     beneficial);
       (II) sudden, quickly coming into being, and not building up 
     over time;
       (III) an urgent, pressing, and compelling need requiring 
     immediate action;
       (IV) subject to clause (ii), unforeseen, unpredictable, and 
     unanticipated; and
       (V) not permanent in nature.

       (ii) Meaning of unforeseen.--For purposes of this 
     subparagraph, an emergency that is part of an aggregate level 
     of anticipated emergencies, particularly when normally 
     estimated in advance, is not unforeseen.
       (C) Congressional notification.--The President shall notify 
     the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate and the Committee on Foreign 
     Affairs and the Committee on Appropriations of the House of 
     Representatives not later than 15 days after exercising a 
     waiver under this paragraph.
                                 ______
                                 
  SA 671. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ASSESSMENTS OF EMPLOYMENT IMPACT.

       (a) Short Title.--This section may be cited as the 
     ``Employment Impact Act of 2011''.
       (b) Purpose.--The purposes of this section are the 
     following:
       (1) To declare that the impact of Federal regulations on 
     jobs and job prospects in the United States is a significant 
     and relevant consideration to all Federal regulatory policy 
     actions and henceforth should be taken into account by 
     Federal regulators when they decide to take actions under 
     their respective statutory authorities.
       (2) To express the concern of Congress that Federal 
     regulators consider the cumulative impact of multiple 
     proposed Federal regulations on jobs and jobs prospects in 
     the United States and that the cumulative impact of such 
     regulations should be given all due consideration and weighed 
     in the balance with the other purposes sought to be achieved 
     by such regulatory measures.
       (c) Duty to Assess the Impact of Federal Action on Jobs and 
     Job Opportunities.--
       (1) In general.--The Congress authorizes and directs, to 
     the fullest extent possible, that all agencies of the Federal 
     Government shall--
       (A) utilize a systematic, interdisciplinary approach which 
     shall insure the integrated use of the relevant fields of 
     research and learning in planning and decisionmaking which 
     may have an impact on jobs and job opportunities;
       (B) identify and develop methods and procedures, in 
     consultation with the Council on Economic Advisors, Office of 
     the President, which will insure that presently unquantified 
     impacts on job and job opportunities may be given appropriate 
     consideration in decisionmaking along with environmental and 
     other considerations; and
       (C) include in every recommendation or report on proposals 
     for legislation and other major Federal actions with 
     potentially significant effects on jobs and job 
     opportunities, a jobs impact statement as described in 
     paragraph (2).
       (2) Jobs impact statement.--
       (A) Contents.--A jobs impact statement required under 
     paragraph (1) shall include a detailed statement by the 
     responsible official on--
       (i) the impact of the proposed action on jobs and job 
     opportunities, including an assessment of the jobs that would 
     be lost, gained, or sent overseas as a result of the proposed 
     action;
       (ii) any adverse effect on jobs and job opportunities which 
     could not be avoided should the proposal be implemented;
       (iii) alternatives and modifications to the proposed action 
     that could avoid negative impacts on jobs and job 
     opportunities; and
       (iv) the relationship between any local short-term impacts 
     on jobs and job opportunities and the maintenance and 
     enhancements of long-term productivity and environmental 
     values.
       (B) Consultation with relevant federal agencies.--Prior to 
     preparing a jobs impact statement, the responsible Federal 
     official shall consult with and obtain the comments of any 
     Federal agency which has jurisdiction by law or special 
     expertise with respect to any jobs or job opportunities 
     impacts involved. Copies of such statement and the comments 
     and views of the appropriate Federal, State, and local 
     agencies that are authorized to develop and enforce policies 
     and programs relevant to jobs and job opportunities, shall be 
     made available to the Council of Economic Advisors and to the 
     public as provided by section 552 of title 5, United States 
     Code, and shall accompany the proposal through the existing 
     agency review process.
       (C) Cumulative impact of proposed actions.--In determining 
     the impact of a proposed action on jobs and job 
     opportunities, the responsible Federal official shall take 
     into account the cumulative impact on jobs and job 
     opportunities of concurrently pending proposals affecting a 
     particular industry or sector of the economy, and shall not 
     make a finding of no significant impact solely on the basis 
     of examining the impacts of a single proposal in isolation 
     from other pending proposals.
       (D) Combining environmental and job impact statements.--A 
     jobs impact statement required under this section may be 
     combined with a detailed statement of environmental impacts 
     required to be prepared under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.), if both 
     statements are required with respect to the same proposed 
     action.
       (d) Conformity of Administrative Procedures.--All agencies 
     of the Federal Government shall review their present 
     statutory authority, administrative regulations, and current 
     policies and procedures for the purpose of determining 
     whether there are any deficiencies or inconsistencies therein 
     which prohibit full compliance with the purposes and 
     provisions of this section, and shall propose to the 
     President not later than one year after enactment of this 
     Act, such measures as may be necessary to bring their 
     authority and policies into conformity with the intent, 
     purposes, and procedures set forth in this section.
       (e) No Judicial Review of Jobs Impact Statements.--
     Implementation of this section, including a jobs impact 
     statement prepared in accordance with this section, shall not 
     be subject to judicial review.
                                 ______
                                 
  SA 672. Mr. BARRASSO (for himself, Mr. Manchin, and Mr. Blunt) 
submitted an amendment intended to be proposed by him to the bill S. 
1619, to

[[Page 14618]]

provide for identification of misaligned currency, require action to 
correct the misalignment, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end, add the following:

              TITLE XX--STANDARDS FOR CEMENT MANUFACTURING

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Cement Sector Regulatory 
     Relief Act of 2011''.

     SEC. __02. LEGISLATIVE STAY.

       (a) Establishment of Standards.--In lieu of the rules 
     specified in subsection (b), and notwithstanding the date by 
     which those rules would otherwise be required to be 
     promulgated, the Administrator of the Environmental 
     Protection Agency (referred to in this title as the 
     ``Administrator'') shall--
       (1) propose regulations for the Portland cement 
     manufacturing industry and Portland cement plants that are 
     subject to any of the rules specified in subsection (b) 
     that--
       (A) establish maximum achievable control technology 
     standards, performance standards, and other requirements 
     under sections 112 and 129, as applicable, of the Clean Air 
     Act (42 U.S.C. 7412, 7429); and
       (B) identify nonhazardous secondary materials that, when 
     used as fuels in combustion units of that industry and those 
     plants, qualify as solid waste under the Solid Waste Disposal 
     Act (42 U.S.C. 6901 et seq.) for purposes of determining the 
     extent to which the combustion units are required to meet the 
     emission standards under section 112 or 129 of the Clean Air 
     Act (42 U.S.C. 7412, 7429); and
       (2) promulgate final versions of those regulations by not 
     later than--
       (A) the date that is 15 months after the date of enactment 
     of this Act; or
       (B) such later date as may be determined by the 
     Administrator.
       (b) Stay of Earlier Rules.--
       (1) Portland-specific rules.--The final rule entitled 
     ``National Emission Standards for Hazardous Air Pollutants 
     from the Portland Cement Manufacturing Industry and Standards 
     of Performance for Portland Cement Plants'' (75 Fed. Reg. 
     54970 (September 9, 2010)) shall be--
       (A) of no force or effect;
       (B) treated as though the rule had never taken effect; and
       (C) replaced in accordance with subsection (a).
       (2) Other rules.--
       (A) In general.--The final rules described in subparagraph 
     (B), to the extent that those rules apply to the Portland 
     cement manufacturing industry and Portland cement plants, 
     shall be--
       (i) of no force or effect;
       (ii) treated as though the rules had never taken effect; 
     and
       (iii) replaced in accordance with subsection (a).
       (B) Description of rules.--The final rules described in 
     this subparagraph are--
       (i) the final rule entitled ``Standards of Performance for 
     New Stationary Sources and Emission Guidelines for Existing 
     Sources: Commercial and Industrial Solid Waste Incineration 
     Units'' (76 Fed. Reg. 15704 (March 21, 2011)); and
       (ii) the final rule entitled ``Identification of Non-
     Hazardous Secondary Materials That Are Solid Waste'' (76 Fed. 
     Reg. 15456 (March 21, 2011)).

     SEC. __03. COMPLIANCE DATES.

       (a) Establishment of Compliance Dates.--For each regulation 
     promulgated pursuant to section _02(a), the Administrator--
       (1) shall establish a date for compliance with standards 
     and requirements under the regulation that is, 
     notwithstanding any other provision of law, not earlier than 
     5 years after the effective date of the regulation; and
       (2) in proposing a date for that compliance, shall take 
     into consideration--
       (A) the costs of achieving emission reductions;
       (B) any non-air quality health and environmental impact and 
     energy requirements of the standards and requirements;
       (C) the feasibility of implementing the standards and 
     requirements, including the time necessary--
       (i) to obtain necessary permit approvals; and
       (ii) to procure, install, and test control equipment;
       (D) the availability of equipment, suppliers, and labor, 
     given the requirements of the regulation and other proposed 
     or finalized regulations of the Administrator; and
       (E) potential net employment impacts.
       (b) New Sources.--The date on which the Administrator 
     proposes a regulation pursuant to section _02(a)(1) 
     establishing an emission standard under section 112 or 129 of 
     the Clean Air Act (42 U.S.C. 7412, 7429) shall be treated as 
     the date on which the Administrator first proposes such a 
     regulation for purposes of applying--
       (1) the definition of the term ``new source'' under section 
     112(a)(4) of that Act (42 U.S.C. 7412(a)(4)); or
       (2) the definition of the term ``new solid waste 
     incineration unit'' under section 129(g)(2) of that Act (42 
     U.S.C. 7429(g)(2)).
       (c) Rule of Construction.--Nothing in this title restricts 
     or otherwise affects paragraphs (3)(B) and (4) of section 
     112(i) of the Clean Air Act (42 U.S.C. 7412(i)).

     SEC. __04. ENERGY RECOVERY AND CONSERVATION.

       Notwithstanding any other provision of law, and to ensure 
     the recovery and conservation of energy consistent with the 
     Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), in 
     promulgating regulations under section _02(a) addressing the 
     subject matter of the rules specified in section _02(b)(2), 
     the Administrator shall--
       (1) adopt the definitions of the terms ``commercial and 
     industrial solid waste incineration unit'', ``commercial and 
     industrial waste'', and ``contained gaseous material'' in the 
     rule entitled ``Standards for Performance of New Stationary 
     Sources and Emission Guidelines for Existing Sources: 
     Commercial and Industrial Solid Waste Incineration Units'' 
     (65 Fed. Reg. 75338 (December 1, 2000)); and
       (2) identify nonhazardous secondary material to be solid 
     waste (as defined in section 1004 of the Solid Waste Disposal 
     Act (42 U.S.C. 6903) only if--
       (A) the material meets that definition of commercial and 
     industrial waste; or
       (B) if the material is a gas, the material meets that 
     definition of contained gaseous material.

     SEC. __05. OTHER PROVISIONS.

       (a) Establishment of Standards Achievable in Practice.--In 
     promulgating regulations under section _02(a), the 
     Administrator shall ensure, to the maximum extent 
     practicable, that emission standards for existing and new 
     sources established under section 112 or 129 of the Clean Air 
     Act (42 U.S.C. 7412, 7429), as applicable, can be met under 
     actual operating conditions consistently and concurrently 
     with emission standards for all other air pollutants covered 
     by regulations applicable to the source category, taking into 
     account--
       (1) variability in actual source performance;
       (2) source design;
       (3) fuels;
       (4) inputs;
       (5) controls;
       (6) ability to measure the pollutant emissions; and
       (7) operating conditions.
       (b) Regulatory Alternatives.--For each regulation 
     promulgated under section _02(a), from among the range of 
     regulatory alternatives authorized under the Clean Air Act 
     (42 U.S.C. 7401 et seq.), including work practice standards 
     under section 112(h) of that Act (42 U.S.C. 7412(h)), the 
     Administrator shall impose the least burdensome, consistent 
     with the purposes of that Act and Executive Order 13563 (76 
     Fed. Reg. 3821 (January 21, 2011)).
                                 ______
                                 
  SA 673. Ms. MURKOWSKI (for herself and Mr. Heller) submitted an 
amendment intended to be proposed by him to the bill S. 1619, to 
provide for identification of misaligned currency, require action to 
correct the misalignment, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end, add the following:

                       TITLE _--CRITICAL MINERALS

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Critical Minerals Policy 
     Act of 2011''.

     SEC. __02. DEFINITIONS.

       In this title:
       (1) Applicable committees.--The term ``applicable 
     committees'' means--
       (A) the Committee on Energy and Natural Resources of the 
     Senate;
       (B) the Committee on Natural Resources of the House of 
     Representatives;
       (C) the Committee on Energy and Commerce of the House of 
     Representatives; and
       (D) the Committee on Science, Space, and Technology of the 
     House of Representatives.
       (2) Clean energy technology.--The term ``clean energy 
     technology'' means a technology related to the production, 
     use, transmission, storage, control, or conservation of 
     energy that--
       (A) reduces the need for additional energy supplies by 
     using existing energy supplies with greater efficiency or by 
     transmitting, distributing, storing, or transporting energy 
     with greater effectiveness in or through the infrastructure 
     of the United States;
       (B) diversifies the sources of energy supply of the United 
     States to strengthen energy security and to increase supplies 
     with a favorable balance of environmental effects if the 
     entire technology system is considered; or
       (C) contributes to a stabilization of atmospheric 
     greenhouse gas concentrations through reduction, avoidance, 
     or sequestration of energy-related greenhouse gas emissions.
       (3) Critical mineral.--
       (A) In general.--The term ``critical mineral'' means any 
     mineral designated as a critical mineral pursuant to section 
     _11.
       (B) Exclusions.--The term ``critical mineral'' does not 
     include coal, oil, natural gas, or any other fossil fuels.
       (4) Critical mineral manufacturing.--The term ``critical 
     mineral manufacturing'' means--

[[Page 14619]]

       (A) the production, processing, refining, alloying, 
     separation, concentration, magnetic sintering, melting, or 
     beneficiation of critical minerals within the United States;
       (B) the fabrication, assembly, or production, within the 
     United States, of clean energy technologies (including 
     technologies related to wind, solar, and geothermal energy, 
     efficient lighting, electrical superconducting materials, 
     permanent magnet motors, batteries, and other energy storage 
     devices), military equipment, and consumer electronics, or 
     components necessary for applications; or
       (C) any other value-added, manufacturing-related use of 
     critical minerals undertaken within the United States.
       (5) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (6) Military equipment.--The term ``military equipment'' 
     means equipment used directly by the armed forces to carry 
     out military operations.
       (7) Rare earth element.--
       (A) In general.--The term ``rare earth element'' means the 
     chemical elements in the periodic table from lanthanum 
     (atomic number 57) up to and including lutetium (atomic 
     number 71).
       (B) Inclusions.--The term ``rare earth element'' includes 
     the similar chemical elements yttrium (atomic number 39) and 
     scandium (atomic number 21).
       (8) Secretary.--
       (A) Subtitle a.--In subtitle A, the term ``Secretary'' 
     means the Secretary of the Interior--
       (i) acting through the Director of the United States 
     Geological Survey; and
       (ii) in consultation with (as appropriate)--

       (I) the Secretary of Energy;
       (II) the Secretary of Defense;
       (III) the Secretary of Commerce;
       (IV) the Secretary of State;
       (V) the Secretary of Agriculture;
       (VI) the United States Trade Representative; and
       (VII) the heads of other applicable Federal agencies.

       (B) Subtitle b.--In subtitle B, the term ``Secretary'' 
     means the Secretary of Energy.
       (9) State.--The term ``State'' means--
       (A) a State;
       (B) the Commonwealth of Puerto Rico; and
       (C) any other territory or possession of the United States.
       (10) Value-added.--The term ``value-added'' means, with 
     respect to an activity, an activity that changes the form, 
     fit, or function of a product, service, raw material, or 
     physical good such that the resultant market price is greater 
     than the cost of making the changes.
       (11) Working group.--The term ``Working Group'' means the 
     Critical Minerals Working Group established under section 
     _14(a).

                 Subtitle A--Designations and Policies

     SEC. __11. DESIGNATIONS.

       (a) Draft Methodology.--Not later than 30 days after the 
     date of enactment of this Act, the Secretary shall publish in 
     the Federal Register for public comment a draft methodology 
     for determining which minerals qualify as critical minerals 
     based on an assessment of whether the minerals are--
       (1) subject to potential supply restrictions (including 
     restrictions associated with foreign political risk, abrupt 
     demand growth, military conflict, and anti-competitive or 
     protectionist behaviors); and
       (2) important in use (including clean energy technology-, 
     defense-, agriculture-, and health care-related 
     applications).
       (b) Availability of Data.--If available data is 
     insufficient to provide a quantitative basis for the 
     methodology developed under this section, qualitative 
     evidence may be used.
       (c) Final Methodology.--After reviewing public comments on 
     the draft methodology under subsection (a) and updating that 
     draft methodology as appropriate, the Secretary shall enter 
     into an arrangement with the National Academy of Sciences and 
     the National Academy of Engineering to obtain, not later than 
     120 days after the date of enactment of this Act--
       (1) a review of the methodology; and
       (2) recommendations for improving the methodology.
       (d) Final Methodology.--After reviewing the recommendations 
     under subsection (c), not later than 150 days after the date 
     of enactment of this Act, the Secretary shall publish in the 
     Federal Register a description of the final methodology for 
     determining which minerals qualify as critical minerals.
       (e) Designations.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall publish in the 
     Federal Register a list of minerals designated as critical, 
     pursuant to the final methodology under subsection (d), for 
     purposes of carrying out this title.
       (f) Subsequent Review.--The methodology and designations 
     developed under subsections (d) and (e) shall be updated at 
     least every 5 years, or in more regular intervals if 
     considered appropriate by the Secretary.
       (g) Notice.--On finalization of the methodology under 
     subsection (d), the list under subsection (e), or any update 
     to the list under subsection (f), the Secretary shall submit 
     to the applicable committees written notice of the action.

     SEC. __12. POLICY.

       (a) Policy.--It is the policy of the United States to 
     promote an adequate, reliable, domestic, and stable supply of 
     critical minerals, produced in an environmentally responsible 
     manner, in order to strengthen and sustain the economic 
     security, and the manufacturing, industrial, energy, 
     technological, and competitive stature, of the United States.
       (b) Coordination.--The President, acting through the 
     Executive Office of the President, shall coordinate the 
     actions of Federal agencies under this and other Acts--
       (1) to encourage Federal agencies to facilitate the 
     availability, development, and environmentally responsible 
     production of domestic resources to meet national critical 
     minerals needs;
       (2) to minimize duplication, needless paperwork, and delays 
     in the administration of applicable laws (including 
     regulations) and the issuance of permits and authorizations 
     necessary to explore for, develop, and produce critical 
     minerals and construct and operate critical mineral 
     manufacturing facilities in an environmentally responsible 
     manner;
       (3) to promote the development of economically stable and 
     environmentally responsible domestic critical mineral 
     production and manufacturing;
       (4) to establish an analytical and forecasting capability 
     for identifying critical mineral demand, supply, and other 
     market dynamics relevant to policy formulation such that 
     informed actions can be taken to avoid supply shortages, 
     mitigate price volatility, and prepare for demand growth and 
     other market shifts;
       (5) to strengthen educational and research capabilities and 
     workforce training;
       (6) to bolster international cooperation through technology 
     transfer, information sharing, and other means;
       (7) to promote the efficient production, use, and recycling 
     of critical minerals;
       (8) to develop alternatives to critical minerals; and
       (9) to establish contingencies for the production of, or 
     access to, critical minerals for which viable sources do not 
     exist within the United States.

     SEC. __13. RESOURCE ASSESSMENT.

       (a) In General.--Not later than 4 years after the date of 
     enactment of this Act, in consultation with applicable State 
     (including geological surveys), local, academic, industry, 
     and other entities, the Secretary shall complete a 
     comprehensive national assessment of each critical mineral 
     that--
       (1) identifies and quantifies known critical mineral 
     resources, using all available public and private information 
     and datasets, including exploration histories;
       (2) estimates the cost of production of the critical 
     mineral resources identified and quantified under this 
     section, using all available public and private information 
     and datasets, including exploration histories;
       (3) provides a quantitative and qualitative assessment of 
     undiscovered critical mineral resources throughout the United 
     States, including probability estimates of tonnage and grade, 
     using all available public and private information and 
     datasets, including exploration histories;
       (4) provides qualitative information on the environmental 
     attributes of the critical mineral resources identified under 
     this section; and
       (5) pays particular attention to the identification and 
     quantification of critical mineral resources on Federal land 
     that is open to location and entry for exploration, 
     development, and other uses.
       (b) Field Work.--If existing information and datasets prove 
     insufficient to complete the assessment under this section 
     and there is no reasonable opportunity to obtain the 
     information and datasets from nongovernmental entities, the 
     Secretary may carry out field work (including drilling, 
     remote sensing, geophysical surveys, geological mapping, and 
     geochemical sampling and analysis) to supplement existing 
     information and datasets available for determining the 
     existence of critical minerals on--
       (1) Federal land that is open to location and entry for 
     exploration, development, and other uses;
       (2) Indian tribe land, at the request and with the written 
     permission of the Indian tribe; and
       (3) State land, at the request and with the written 
     permission of the Governor of a State.
       (c) Technical Assistance.--At the request of the Governor 
     of a State or an Indian tribe, the Secretary may provide 
     technical assistance to State governments and Indian tribes 
     conducting critical mineral resource assessments on non-
     Federal land.
       (d) Financial Assistance.--The Secretary may make grants to 
     State governments, or Indian tribes and economic development 
     entities of Indian tribes, to cover the costs associated with 
     assessments of critical mineral resources on State or Indian 
     tribe land.
       (e) Report.--Not later than 4 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     applicable committees a report describing the results of the 
     assessment conducted under this section.

[[Page 14620]]

       (f) Prioritization.--
       (1) In general.--The Secretary may sequence the completion 
     of resource assessments for each critical mineral such that 
     critical materials considered to be most critical under the 
     methodology established pursuant to section _11 are completed 
     first.
       (2) Reporting.--If the Secretary sequences the completion 
     of resource assessments for each critical material, the 
     Secretary shall submit a report under subsection (e) on an 
     iterative basis over the 4-year period beginning on the date 
     of enactment of this Act.
       (g) Updates.--The Secretary shall periodically update the 
     assessment conducted under this section based on--
       (1) the generation of new information or datasets by the 
     Federal government; or
       (2) the receipt of new information or datasets from 
     critical mineral producers, State geological surveys, 
     academic institutions, trade associations, or other entities 
     or individuals.

     SEC. __14. PERMITTING.

       (a) Critical Minerals Working Group.--
       (1) In general.--There is established within the Department 
     of the Interior a working group to be known as the ``Critical 
     Minerals Working Group'', which shall report to the President 
     and Congress through the Secretary.
       (2) Composition.--The Working Group shall be composed of 
     the following:
       (A) The Secretary of the Interior (or a designee), who 
     shall serve as chair of the Working Group.
       (B) A Presidential designee from the Executive Office of 
     the President, who shall serve as vice-chair of the Working 
     Group.
       (C) The Secretary of Energy (or a designee).
       (D) The Secretary of Agriculture (or a designee).
       (E) The Secretary of Defense (or a designee).
       (F) The Secretary of Commerce (or a designee).
       (G) The Secretary of State (or a designee).
       (H) The United States Trade Representative (or a designee).
       (I) The Administrator of the Environmental Protection 
     Agency (or a designee).
       (J) The Chief of Engineers of the Corps of Engineers (or a 
     designee).
       (b) Consultation.--The Working Group shall operate in 
     consultation with private sector, academic, and other 
     applicable stakeholders with experience related to--
       (1) critical minerals exploration;
       (2) critical minerals permitting;
       (3) critical minerals production; and
       (4) critical minerals manufacturing.
       (c) Duties.--The Working Group shall--
       (1) facilitate Federal agency efforts to optimize 
     efficiencies associated with the permitting of activities 
     that will increase exploration and development of domestic, 
     critical minerals, while maintaining environmental standards;
       (2) facilitate Federal agency review of laws (including 
     regulations) and policies that discourage investment in 
     exploration and development of domestic, critical minerals;
       (3) assess whether Federal policies adversely impact the 
     global competitiveness of the domestic, critical minerals 
     exploration and development sector (including taxes, fees, 
     regulatory burdens, and access restrictions);
       (4) evaluate the sufficiency of existing mechanisms for the 
     provision of tenure on Federal land and the role of the 
     mechanisms in attracting capital investment for the 
     exploration and development of domestic, critical minerals; 
     and
       (5) generate such other information and take such other 
     actions as the Working Group considers appropriate to achieve 
     the policy described in section _12(a).
       (d) Report.--Not later than 300 days after the date of 
     enactment of this Act, the Working Group shall submit to the 
     applicable committees a report that--
       (1) describes the results of actions taken under subsection 
     (c);
       (2) evaluates the amount of time typically required 
     (including range derived from minimum and maximum durations, 
     mean, median, variance, and other statistical measures or 
     representations) to complete each step (including those 
     aspects outside the control of the executive branch of the 
     Federal Government, such as judicial review, applicant 
     decisions, or State and local government involvement) 
     associated with the processing of applications, operating 
     plans, leases, licenses, permits, and other use 
     authorizations for critical mineral-related activities on 
     Federal land, which shall serve as a baseline for the 
     performance metric developed and finalized under subsections 
     (e) and (f), respectively;
       (3) identifies measures (including regulatory changes and 
     legislative proposals) that would optimize efficiencies, 
     while maintaining environmental standards, associated with 
     the permitting of activities that will increase exploration 
     and development of domestic, critical minerals; and
       (4) identifies options (including cost recovery paid by 
     applicants) for ensuring adequate staffing of divisions, 
     field offices, or other entities responsible for the 
     consideration of applications, operating plans, leases, 
     licenses, permits, and other use authorizations for critical 
     mineral-related activities on Federal land.
       (e) Draft Performance Metric.--Not later than 330 days 
     after the date of enactment of this Act, and upon completion 
     of the report required under subsection (d), the Working 
     Group shall publish in the Federal Register for public 
     comment a draft description of a performance metric for 
     evaluating the progress made by the executive branch of the 
     Federal Government on matters within the control of that 
     branch towards optimizing efficiencies, while maintaining 
     environmental standards, associated with the permitting of 
     activities that will increase exploration and development of 
     domestic, critical minerals (referred to in this section as 
     the ``performance metric'').
       (f) Final Performance Metric.--Not later than 1 year after 
     the date of enactment of this Act, and after consideration of 
     public comments received pursuant to subsection (e), the 
     Working Group shall publish in the Federal Register a 
     description of the final performance metric.
       (g) Annual Report.--Not later than 2 years after the date 
     of enactment of this Act, using the performance metric under 
     subsection (f), and annually thereafter, the Working Group 
     shall submit to the applicable committees, as part of the 
     budget request of the Department of the Interior for each 
     fiscal year, each report that--
       (1) describes the progress made by the executive branch of 
     the Federal Government on matters within the control of that 
     branch towards optimizing efficiencies, while maintaining 
     environmental standards, associated with the permitting of 
     activities that will increase exploration and development of 
     domestic, critical minerals; and
       (2) compares the United States to other countries in terms 
     of permitting efficiency, environmental standards, and other 
     criteria relevant to a globally competitive economic sector.
       (h) Report of Small Business Administration.--Not later 
     than 300 days after the date of enactment of this Act, the 
     Administrator of the Small Business Administration shall 
     submit to the applicable committees a report that assesses 
     the performance of Federal agencies in--
       (1) complying with chapter 6 of title 5, United States Code 
     (commonly known as the ``Regulatory Flexibility Act''), in 
     promulgating regulations applicable to the critical minerals 
     industry; and
       (2) performing an analysis of regulations applicable to the 
     critical minerals industry that may be outmoded, inefficient, 
     duplicative, or excessively burdensome.
       (i) Judicial Review.--
       (1) In general.--Nothing in this section affects any 
     judicial review of an agency action under any other provision 
     of law.
       (2) Construction.--This section--
       (A) is intended to improve the internal management of the 
     Federal Government; and
       (B) does not create any right or benefit, substantive or 
     procedural, enforceable at law or equity by a party against 
     the United States (including an agency, instrumentality, 
     officer, or employee thereof) or any other person.

     SEC. __15. MANUFACTURING.

       (a) Agreement.--At the request of the Governor of a State, 
     the President (or a designee) may enter into a cooperative 
     agreement with the State for the processing of permits for 
     critical mineral manufacturing facilities (including those 
     related to wind, solar, and geothermal energy, efficient 
     lighting, electrical superconducting materials, permanent 
     magnet motors, and batteries and other energy storage 
     devices) under which each party to the agreement identifies 
     steps, including timelines, that the party will take to 
     optimize efficiencies, while maintaining environmental 
     standards, associated with the environmental review and 
     consideration of Federal and State permits for a new critical 
     mineral manufacturing facility.
       (b) Authority Under Agreement.--In carrying out this 
     section, the President may--
       (1) accept from an applicant a consolidated application for 
     all permits required by the Federal Government, to the extent 
     consistent with other applicable law;
       (2) facilitate memoranda of agreement between Federal 
     agencies to coordinate consideration of applications and 
     permits among Federal agencies; and
       (3) enter into memoranda of agreement with a State, under 
     which Federal and State review of permit applications will be 
     coordinated and concurrently considered, to the maximum 
     extent practicable.
       (c) State Assistance.--The President may provide technical, 
     legal, or other assistance to State governments to facilitate 
     State review of applications to build new critical mineral 
     manufacturing facilities.

     SEC. __16. RECYCLING AND ALTERNATIVES.

       (a) Establishment.--The Secretary of Energy shall conduct a 
     program of research and development to promote the efficient 
     production, use, and recycling of, and alternatives to, 
     critical minerals.
       (b) Cooperation.--In carrying out the program, the 
     Secretary of Energy shall cooperate with appropriate--
       (1) Federal agencies and National Laboratories;
       (2) critical mineral producers;
       (3) critical mineral manufacturers;
       (4) trade associations;
       (5) academic institutions;

[[Page 14621]]

       (6) small businesses; and
       (7) other relevant entities or individuals.
       (c) Activities.--Under the program, the Secretary shall 
     carry out activities that include the identification and 
     development of--
       (1) advanced critical mineral production or processing 
     technologies that decrease the environmental impact, and 
     costs of production, of such activities;
       (2) techniques and practices that minimize or lead to more 
     efficient use of critical minerals;
       (3) techniques and practices that facilitate the recycling 
     of critical minerals, including options for improving the 
     rates of collection of post-consumer products containing 
     critical minerals;
       (4) commercial markets, advanced storage methods, energy 
     applications, and other beneficial uses of critical minerals 
     processing byproducts; and
       (5) alternative minerals, metals, and materials, 
     particularly those available in abundance within the United 
     States and not subject to potential supply restrictions, that 
     lessen the need for critical minerals.
       (d) Report.--Not later than 2 years after the date of 
     enactment of this Act and every 5 years thereafter, the 
     Secretaries shall submit to the applicable committees a 
     report summarizing the activities, findings, and progress of 
     the program.

     SEC. __17. ANALYSIS AND FORECASTING.

       (a) Capabilities.--In order to evaluate existing critical 
     mineral policies and inform future actions that may be taken 
     to avoid supply shortages, mitigate price volatility, and 
     prepare for demand growth and other market shifts, the 
     Secretary, in consultation with academic institutions, the 
     Energy Information Administration, and others in order to 
     maximize the application of existing competencies related to 
     developing and maintaining computer-models and similar 
     analytical tools, shall conduct and publish the results of an 
     annual report that includes--
       (1) as part of the annually published Mineral Commodity 
     Summaries from the United States Geological Survey, a 
     comprehensive review of critical mineral production, 
     consumption, and recycling patterns, including--
       (A) the quantity of each critical mineral domestically 
     produced during the preceding year;
       (B) the quantity of each critical mineral domestically 
     consumed during the preceding year;
       (C) market price data for each critical mineral;
       (D) an assessment of--
       (i) critical mineral requirements to meet the national 
     security, energy, economic, industrial, technological, and 
     other needs of the United States during the preceding year;
       (ii) the reliance of the United States on foreign sources 
     to meet those needs during the preceding year; and
       (iii) the implications of any supply shortages, 
     restrictions, or disruptions during the preceding year;
       (E) the quantity of each critical mineral domestically 
     recycled during the preceding year;
       (F) the market penetration during the preceding year of 
     alternatives to each critical mineral;
       (G) a discussion of applicable international trends 
     associated with the discovery, production, consumption, use, 
     costs of production, prices, and recycling of each critical 
     mineral as well as the development of alternatives to 
     critical minerals; and
       (H) such other data, analyses, and evaluations as the 
     Secretary finds are necessary to achieve the purposes of this 
     section; and
       (2) a comprehensive forecast, entitled the ``Annual 
     Critical Minerals Outlook'', of projected critical mineral 
     production, consumption, and recycling patterns, including--
       (A) the quantity of each critical mineral projected to be 
     domestically produced over the subsequent 1-year, 5-year, and 
     10-year periods;
       (B) the quantity of each critical mineral projected to be 
     domestically consumed over the subsequent 1-year, 5-year, and 
     10-year periods;
       (C) market price projections for each critical mineral, to 
     the maximum extent practicable and based on the best 
     available information;
       (D) an assessment of--
       (i) critical mineral requirements to meet projected 
     national security, energy, economic, industrial, 
     technological, and other needs of the United States;
       (ii) the projected reliance of the United States on foreign 
     sources to meet those needs; and
       (iii) the projected implications of potential supply 
     shortages, restrictions, or disruptions;
       (E) the quantity of each critical mineral projected to be 
     domestically recycled over the subsequent 1-year, 5-year, and 
     10-year periods;
       (F) the market penetration of alternatives to each critical 
     mineral projected to take place over the subsequent 1-year, 
     5-year, and 10-year periods;
       (G) a discussion of reasonably foreseeable international 
     trends associated with the discovery, production, 
     consumption, use, costs of production, prices, and recycling 
     of each critical mineral as well as the development of 
     alternatives to critical minerals; and
       (H) such other projections relating to each critical 
     mineral as the Secretary determines to be necessary to 
     achieve the purposes of this section.
       (b) Proprietary Information.--In preparing a report 
     described in subsection (a), the Secretary shall ensure 
     that--
       (1) no person uses the information and data collected for 
     the report for a purpose other than the development of or 
     reporting of aggregate data in a manner such that the 
     identity of the person who supplied the information is not 
     discernible and is not material to the intended uses of the 
     information;
       (2) no person discloses any information or data collected 
     for the report unless the information or data has been 
     transformed into a statistical or aggregate form that does 
     not allow the identification of the person who supplied 
     particular information; and
       (3) procedures are established to require the withholding 
     of any information or data collected for the report if the 
     Secretary determines that withholding is necessary to protect 
     proprietary information, including any trade secrets or other 
     confidential information.

     SEC. __18. EDUCATION AND WORKFORCE.

       (a) Workforce Assessment.--Not later than 300 days after 
     the date of enactment of this Act, the Secretary of Labor (in 
     consultation with the Secretary of the Interior, the Director 
     of the National Science Foundation, and employers in the 
     critical minerals sector) shall submit to Congress an 
     assessment of the domestic availability of technically 
     trained personnel necessary for critical mineral assessment, 
     production, manufacturing, recycling, analysis, forecasting, 
     education, and research, including an analysis of--
       (1) skills that are in the shortest supply as of the date 
     of the assessment;
       (2) skills that are projected to be in short supply in the 
     future;
       (3) the demographics of the critical minerals industry and 
     how the demographics will evolve under the influence of 
     factors such as an aging workforce;
       (4) the effectiveness of training and education programs in 
     addressing skills shortages;
       (5) opportunities to hire locally for new and existing 
     critical mineral activities;
       (6) the sufficiency of personnel within relevant areas of 
     the Federal Government for achieving the policy described in 
     section _12(a); and
       (7) the potential need for new training programs to have a 
     measurable effect on the supply of trained workers in the 
     critical minerals industry.
       (b) Curriculum Study.--
       (1) In general.--The Secretary and the Secretary of Labor 
     shall jointly enter into an arrangement with the National 
     Academy of Sciences and the National Academy of Engineering 
     under which the Academies shall coordinate with the National 
     Science Foundation on conducting a study--
       (A) to design an interdisciplinary program on critical 
     minerals that will support the critical mineral supply chain 
     and improve the ability of the United States to increase 
     domestic, critical mineral exploration, development, and 
     manufacturing;
       (B) to address undergraduate and graduate education, 
     especially to assist in the development of graduate level 
     programs of research and instruction that lead to advanced 
     degrees with an emphasis on the critical mineral supply chain 
     or other positions that will increase domestic, critical 
     mineral exploration, development, and manufacturing;
       (C) to develop guidelines for proposals from institutions 
     of higher education with substantial capabilities in the 
     required disciplines to improve the critical mineral supply 
     chain and advance the capacity of the United States to 
     increase domestic, critical mineral exploration, development, 
     and manufacturing; and
       (D) to outline criteria for evaluating performance and 
     recommendations for the amount of funding that will be 
     necessary to establish and carry out the grant program 
     described in subsection (c).
       (2) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a description of the results of the study required under 
     paragraph (1).
       (c) Grant Program.--
       (1) Establishment.--The Secretary and the National Science 
     Foundation shall jointly conduct a competitive grant program 
     under which institutions of higher education may apply for 
     and receive 4-year grants for--
       (A) startup costs for newly designated faculty positions in 
     integrated critical mineral education, research, innovation, 
     training, and workforce development programs consistent with 
     subsection (b);
       (B) internships, scholarships, and fellowships for students 
     enrolled in critical mineral programs; and
       (C) equipment necessary for integrated critical mineral 
     innovation, training, and workforce development programs.
       (2) Renewal.--A grant under this subsection shall be 
     renewable for up to 2 additional 3-year terms based on 
     performance criteria outlined under subsection (b)(1)(D).

     SEC. __19. INTERNATIONAL COOPERATION.

       (a) Establishment.--The Secretary of State, in coordination 
     with the Secretary,

[[Page 14622]]

     shall carry out a program to promote international 
     cooperation on critical mineral supply chain issues with 
     allies of the United States.
       (b) Activities.--Under the program, the Secretary may work 
     with allies of the United States--
       (1) to increase the global, responsible production of 
     critical minerals, if a determination is made by the 
     Secretary that there is no viable production capacity for the 
     critical minerals within the United States;
       (2) to improve the efficiency and environmental performance 
     of extraction techniques;
       (3) to increase the recycling of, and deployment of 
     alternatives to, critical minerals;
       (4) to assist in the development and transfer of critical 
     mineral extraction, processing, and manufacturing 
     technologies that would have a beneficial impact on world 
     commodity markets and the environment;
       (5) to strengthen and maintain intellectual property 
     protections; and
       (6) to facilitate the collection of information necessary 
     for analyses and forecasts conducted pursuant to section _17.

                  Subtitle B--Mineral-specific Actions

     SEC. __21. ADMINISTRATION.

       Nothing in this subtitle or an amendment made by this 
     subtitle affects the methodology or designations established 
     under section _11.

     SEC. __22. COBALT.

       (a) Authorization.--The Secretary shall support research 
     programs that focus on novel uses for cobalt (including 
     energy technologies and super-alloys), including--
       (1) use in clean energy technologies (including, for 
     purposes of this section, rechargeable batteries, catalysts, 
     photovoltaic cells, permanent magnets, and fuel cells);
       (2) use in alloys with military equipment, civil aviation, 
     and electricity generation applications; and
       (3) use as coal-to-gas and coal-to-liquid catalysts.
       (b) Categories.--Research under this section shall be 
     conducted in--
       (1) a fundamental category, including laboratory and 
     literature research; and
       (2) an applied category, including plant and field 
     research.
       (c) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     applicable committees a report describing--
       (1) the research programs carried out under this section;
       (2) the findings of the programs; and
       (3) future research efforts planned.

     SEC. __23. LEAD.

       (a) In General.--The Secretary shall support research 
     programs that focus on advanced lead manufacturing processes, 
     including programs that--
       (1) contribute to the establishment of a secure, domestic 
     supply of lead;
       (2) produce technologies that represent an environmental 
     improvement compared to conventional production processes; or
       (3) produce technologies that attain a higher efficiency 
     level compared to conventional production processes.
       (b) Coordination.--In carrying out the programs under 
     subsection (a), the Secretary shall coordinate with other 
     entities to promote the development of environmentally 
     responsible lead manufacturing, including--
       (1) other Federal agencies;
       (2) States with affected interests;
       (3) manufacturers;
       (4) clean energy technology manufacturers, including 
     producers of batteries and other energy storage technologies; 
     and
       (5) any others considered appropriate by the Secretary.

     SEC. __24. LITHIUM.

       Subtitle E of title VI of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17241 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 657. GRANTS FOR LITHIUM PRODUCTION RESEARCH AND 
                   DEVELOPMENT.

       ``(a) Definition of Eligible Entity.--In this section, the 
     term `eligible entity' means--
       ``(1) a private partnership or other entity that is--
       ``(A) organized in accordance with Federal law; and
       ``(B) engaged in lithium production for use in advanced 
     battery technologies;
       ``(2) a public entity, such as a State, tribal, or local 
     governmental entity; or
       ``(3) a consortium of entities described in paragraphs (1) 
     and (2).
       ``(b) Grants.--The Secretary shall provide grants to 
     eligible entities for research, development, demonstration, 
     and commercial application of domestic industrial processes 
     that are designed to enhance domestic lithium production for 
     use in advanced battery technologies, as determined by the 
     Secretary.
       ``(c) Use.--An eligible entity shall use a grant provided 
     under this section to develop or enhance--
       ``(1) domestic industrial processes that increase lithium 
     production, processing, or recycling for use in advanced 
     lithium batteries; or
       ``(2) industrial processes associated with new formulations 
     of lithium feedstock for use in advanced lithium 
     batteries.''.

     SEC. __25. THORIUM.

       (a) Study.--The Secretary, in consultation with the Nuclear 
     Regulatory Commission, shall conduct a study on the 
     technical, economic, and policy issues (including 
     nonproliferation) associated with establishing a licensing 
     pathway for the complete thorium nuclear fuel cycle 
     (including mining, milling, processing, fabrication, 
     reactors, disposal, and decommissioning) that--
       (1) identifies the gaps in the technical knowledge that 
     could lead to a licensing pathway; and
       (2) considers technologies and applications for any thorium 
     byproducts of critical mineral production or processing.
       (b) Cooperation.--In conducting the study under subsection 
     (a), the Secretary shall cooperate with appropriate--
       (1) trade associations;
       (2) equipment manufacturers;
       (3) National Laboratories;
       (4) institutions of higher education; and
       (5) other applicable entities.
       (c) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     applicable committees a report summarizing the findings of 
     the study.

     SEC. __26. UPDATED RESOURCE INFORMATION.

       (a) Resources.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     complete an update of existing resource information for 
     phosphate and rare earth elements.
       (b) Consultation.--In updating resource information under 
     this section, the Secretary of the Interior shall consult 
     with--
       (1) the heads of appropriate State geological surveys;
       (2) mineral producers;
       (3) mineral processors;
       (4) trade associations;
       (5) academic institutions; and
       (6) such other entities or individuals as the Secretary of 
     the Interior considers appropriate.
       (c) Limitation.--
       (1) In general.--Resource information updates carried out 
     pursuant to this section shall be limited to collection of 
     existing information.
       (2) Administration.--If any mineral covered by this section 
     is designated as a critical mineral under section _11, this 
     section shall not apply.
       (d) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     submit to the applicable committees written notification 
     certifying that the resource information for phosphate and 
     rare earth elements is up-to-date.

                       Subtitle C--Miscellaneous

     SEC. __31. OFFSETS.

       (a) In General.--The following Acts are repealed:
       (1) The National Materials and Minerals Policy, Research 
     and Development Act of 1980 (30 U.S.C. 1601 et seq.), other 
     than subsections (e) and (f) of section 5 of that Act (30 
     U.S.C. 1604).
       (2) The National Critical Materials Act of 1984 (30 U.S.C. 
     1801 et seq.).
       (b) Conforming Amendment.--Section 3(d) of the National 
     Superconductivity and Competitiveness Act of 1988 (15 U.S.C. 
     5202(d)) is amended in the first sentence by striking ``, 
     with the assistance of the National Critical Materials 
     Council as specified in the National Critical Materials Act 
     of 1984 (30 U.S.C. 1801 et seq.),''.

     SEC. __32. ADMINISTRATION.

       Nothing in this title or an amendment made by this title 
     modifies any requirement or authority provided by the matter 
     under the heading ``GEOLOGICAL SURVEY'' of the first section 
     of the Act of March 3, 1879 (43 U.S.C. 31(a)).

     SEC. __33. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     title and the amendments made by this title $53,250,000, of 
     which--
       (1) $500,000 may be used to carry out section _11, to 
     remain available until expended;
       (2) $20,000,000 may be used to carry out section _13, to 
     remain available until expended;
       (3) $2,000,000 may be used to carry out section _14, to 
     remain available until expended;
       (4) $1,000,000 for each of fiscal years 2012 through 2016 
     may be used to carry out section _16 and the amendment made 
     by that section, to remain available until expended;
       (5)(A) $1,500,000 for each of fiscal years 2012 and 2013 
     may be used to carry out section _17, to remain available 
     until expended; and
       (B) $750,000 for each of fiscal years 2014 through 2016 may 
     be used to carry out section _17;
       (6) $1,000,000 for each of fiscal years 2012 through 2016 
     may be used to carry out section _18, to remain available 
     until expended;
       (7) $500,000 for each of fiscal years 2012 through 2016 may 
     be used to carry out section _19, to remain available until 
     expended;
       (8) $1,000,000 for each of fiscal years 2012 through 2014 
     may be used to carry out sections _22, _23, _24, and _25 and 
     the amendments made by those sections; and
       (9) $1,000,000 may be used to carry out section _26, to 
     remain available until expended.
                                 ______
                                 
  SA 674. Mr. HELLER (for himself and Mr. Vitter) submitted an 
amendment intended to be proposed by him to the bill S. 1619, to 
provide for identification

[[Page 14623]]

of misaligned currency, require action to correct the misalignment, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of the bill, insert the following:

                     TITLE _--NO BUDGET, NO PAY ACT

     SEC. 01. SHORT TITLE.

       This title may be cited as the ``No Budget, No Pay Act''.

     SEC. 02. DEFINITION.

       In this title, the term ``Member of Congress''--
       (1) has the meaning given under section 2106 of title 5, 
     United States Code; and
       (2) does not include the Vice President.

     SEC. 03. TIMELY APPROVAL OF CONCURRENT RESOLUTION ON THE 
                   BUDGET.

       If both Houses of Congress have not approved a concurrent 
     resolution on the budget as described under section 301 of 
     the Congressional Budget and Impoundment Control Act of 1974 
     (2 U.S.C. 632) for a fiscal year before October 1 of that 
     fiscal year, the pay of each Member of Congress may not be 
     paid for each day following that October 1 until the date on 
     which both Houses of Congress approve a concurrent resolution 
     on the budget for that fiscal year.

     SEC. 04. NO PAY WITHOUT CONCURRENT RESOLUTION ON THE BUDGET.

       (a) In General.--Notwithstanding any other provision of 
     law, no funds may be appropriated or otherwise be made 
     available from the United States Treasury for the pay of any 
     Member of Congress during any period determined by the 
     Chairperson of the Committee on the Budget of the Senate or 
     the Chairperson of the Committee on the Budget of the House 
     of Representatives under section 05.
       (b) No Retroactive Pay.--A Member of Congress may not 
     receive pay for any period determined by the Chairperson of 
     the Committee on the Budget of the Senate or the Chairperson 
     of the Committee on the Budget of the House of 
     Representatives under section 05, at any time after the end 
     of that period.

     SEC. 05. DETERMINATIONS.

       (a) Senate.--
       (1) Request for certifications.--On October 1 of each year, 
     the Secretary of the Senate shall submit a request to the 
     Chairperson of the Committee on the Budget of the Senate for 
     certification of determinations made under paragraph (2) (A) 
     and (B).
       (2) Determinations.--The Chairperson of the Committee on 
     the Budget of the Senate shall--
       (A) on October 1 of each year, make a determination of 
     whether Congress is in compliance with section 04 and whether 
     Senators may not be paid under that section; and
       (B) determine the period of days following each October 1 
     that Senators may not be paid under section 04; and
       (C) provide timely certification of the determinations 
     under subparagraphs (A) and (B) upon the request of the 
     Secretary of the Senate.
       (b) House of Representatives.--
       (1) Request for certifications.--On October 1 of each year, 
     the Chief Administrative Officer of the House of 
     Representatives shall submit a request to the Chairperson of 
     the Committee on the Budget of the House of Representatives 
     for certification of determinations made under paragraph (2) 
     (A) and (B).
       (2) Determinations.--The Chairperson of the Committee on 
     the Budget of the House of Representatives shall--
       (A) on October 1 of each year, make a determination of 
     whether Congress is in compliance with section 04 and whether 
     Senators may not be paid under that section; and
       (B) determine the period of days following each October 1 
     that Senators may not be paid under section 04; and
       (C) provide timely certification of the determinations 
     under subparagraph (A) and (B) upon the request of the Chief 
     Administrative Officer of the House of Representatives.

     SEC. 06. EFFECTIVE DATE.

       This title shall take effect on February 1, 2013.
                                 ______
                                 
  SA 675. Mr. MENENDEZ (for himself and Mr. Cardin) submitted an 
amendment intended to be proposed by him to the bill S. 1619, to 
provide for identification of misaligned currency, require action to 
correct the misalignment, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end, add the following:

                        TITLE __--MISCELLANEOUS

     SEC. _01. RENEWAL OF DUTY SUSPENSIONS ON COTTON SHIRTING 
                   FABRICS AND RELATED PROVISIONS.

       (a) Extensions.--Each of the following headings of the 
     Harmonized Tariff Schedule of the United States is amended by 
     striking everything after ``suitable for use in men's and 
     boys' shirts'' in the article description column and by 
     striking the date in the effective date column and inserting 
     ``12/31/2013'':
       (1) Heading 9902.52.08 (relating to woven fabrics of 
     cotton).
       (2) Heading 9902.52.09 (relating to woven fabrics of 
     cotton).
       (3) Heading 9902.52.10 (relating to woven fabrics of 
     cotton).
       (4) Heading 9902.52.11 (relating to woven fabrics of 
     cotton).
       (5) Heading 9902.52.12 (relating to woven fabrics of 
     cotton).
       (6) Heading 9902.52.13 (relating to woven fabrics of 
     cotton).
       (7) Heading 9902.52.14 (relating to woven fabrics of 
     cotton).
       (8) Heading 9902.52.15 (relating to woven fabrics of 
     cotton).
       (9) Heading 9902.52.16 (relating to woven fabrics of 
     cotton).
       (10) Heading 9902.52.17 (relating to woven fabrics of 
     cotton).
       (11) Heading 9902.52.18 (relating to woven fabrics of 
     cotton).
       (12) Heading 9902.52.19 (relating to woven fabrics of 
     cotton).
       (13) Heading 9902.52.20 (relating to woven fabrics of 
     cotton).
       (14) Heading 9902.52.21 (relating to woven fabrics of 
     cotton).
       (15) Heading 9902.52.22 (relating to woven fabrics of 
     cotton).
       (16) Heading 9902.52.23 (relating to woven fabrics of 
     cotton).
       (17) Heading 9902.52.24 (relating to woven fabrics of 
     cotton).
       (18) Heading 9902.52.25 (relating to woven fabrics of 
     cotton).
       (19) Heading 9902.52.26 (relating to woven fabrics of 
     cotton).
       (20) Heading 9902.52.27 (relating to woven fabrics of 
     cotton).
       (21) Heading 9902.52.28 (relating to woven fabrics of 
     cotton).
       (22) Heading 9902.52.29 (relating to woven fabrics of 
     cotton).
       (23) Heading 9902.52.30 (relating to woven fabrics of 
     cotton).
       (24) Heading 9902.52.31 (relating to woven fabrics of 
     cotton).
       (b) Extension of Duty Refunds and Pima Cotton Trust Fund; 
     Modification of Affidavit Requirements.--Section 407 of title 
     IV of division C of the Tax Relief and Health Care Act of 
     2006 (Public Law 109-432; 120 Stat. 3060) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``amounts determined by 
     the Secretary'' and all that follows through ``5208.59.80'' 
     and inserting ``amounts received in the general fund that are 
     attributable to duties received since January 1, 2004, on 
     articles classified under heading 5208''; and
       (B) in paragraph (2), by striking ``October 1, 2008'' and 
     inserting ``December 31, 2013'';
       (2) in subsection (c)--
       (A) in the matter preceding paragraph (1), by striking 
     ``beginning in fiscal year 2007'' and inserting ``for fiscal 
     year 2011 and each fiscal year thereafter'';
       (B) by striking ``grown in the United States'' each place 
     it appears; and
       (C) in paragraph (2), in the matter preceding subparagraph 
     (A), by inserting ``that produce ring spun cotton yarns in 
     the United States'' after ``of pima cotton'';
       (3) in subsection (d)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``annually'' after ``provided''; and
       (B) in paragraph (1), by inserting ``during the year in 
     which the affidavit is filed and'' after ``imported cotton 
     fabric''; and
       (4) in subsection (f)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``annually'' after ``provided''; and
       (B) in paragraph (1)--
       (i) by striking ``grown in the United States'' and 
     inserting ``during the year in which the affidavit is filed 
     and''; and
       (ii) by inserting ``in the United States'' after ``cotton 
     yarns''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and apply with respect to affidavits filed on or after such 
     date of enactment.

     SEC. _02. MODIFICATION OF WOOL APPAREL MANUFACTURERS TRUST 
                   FUND.

       (a) In General.--Section 4002(c)(2) of the Miscellaneous 
     Trade and Technical Corrections Act of 2004 (Public Law 108-
     429; 118 Stat. 2600) is amended--
       (1) in subparagraph (A), by striking ``subject to the 
     limitation in subparagraph (B)'' and inserting ``subject to 
     subparagraphs (B) and (C)''; and
       (2) by adding at the end the following new subparagraph:
       ``(C) Alternative funding source.--Subparagraph (A) shall 
     be applied and administered by substituting `chapter 62' for 
     `chapter 51' for any period of time with respect to which the 
     Secretary notifies Congress that amounts determined by the 
     Secretary to be equivalent to amounts received in the general 
     fund of the Treasury of the United States that are 
     attributable to the duty received on articles classified 
     under chapter 51 of the Harmonized Tariff Schedule of the 
     United States are not sufficient to make payments under 
     paragraph (3) or grants under paragraph (6).''.
       (b) Full Restoration of Payment Levels in Calendar Years 
     2010 and 2011.--
       (1) Transfer of amounts.--
       (A) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of the Treasury 
     shall transfer to the Wool Apparel Manufacturers Trust Fund, 
     out of the general fund of the Treasury of the United States, 
     amounts determined by

[[Page 14624]]

     the Secretary of the Treasury to be equivalent to amounts 
     received in the general fund that are attributable to the 
     duty received on articles classified under chapter 51 or 
     chapter 62 of the Harmonized Tariff Schedule of the United 
     States (as determined under section 4002(c)(2) of the 
     Miscellaneous Trade and Technical Corrections Act of 2004 
     (Public Law 108-429; 118 Stat. 2600)), subject to the 
     limitation in subparagraph (B).
       (B) Limitation.--The Secretary of the Treasury shall not 
     transfer more than the amount determined by the Secretary to 
     be necessary for--
       (i) U.S. Customs and Border Protection to make payments to 
     eligible manufacturers under section 4002(c)(3) of the 
     Miscellaneous Trade and Technical Corrections Act of 2004 so 
     that the amount of such payments, when added to any other 
     payments made to eligible manufacturers under section 
     4002(c)(3) of such Act for calendar years 2010 and 2011, 
     equal the total amount of payments authorized to be provided 
     to eligible manufacturers under section 4002(c)(3) of such 
     Act for calendar years 2010 and 2011; and
       (ii) the Secretary of Commerce to provide grants to 
     eligible manufacturers under section 4002(c)(6) of the 
     Miscellaneous Trade and Technical Corrections Act of 2004 so 
     that the amounts of such grants, when added to any other 
     grants made to eligible manufacturers under section 
     4002(c)(6) of such Act for calendar years 2010 and 2011, 
     equal the total amount of grants authorized to be provided to 
     eligible manufacturers under section 4002(c)(6) of such Act 
     for calendar years 2010 and 2011.
       (2) Payment of amounts.--U.S. Customs and Border Protection 
     shall make payments described in paragraph (1) to eligible 
     manufacturers not later than 30 days after such transfer of 
     amounts from the general fund of the Treasury of the United 
     States to the Wool Apparel Manufacturers Trust Fund. The 
     Secretary of Commerce shall promptly provide grants described 
     in paragraph (1) to eligible manufacturers after such 
     transfer of amounts from the general fund of the Treasury of 
     the United States to the Wool Apparel Manufacturers Trust 
     Fund.
       (c) Rule of Construction.--The amendments made by 
     subsection (a) shall not be construed to affect the 
     availability of amounts transferred to the Wool Apparel 
     Manufacturers Trust Fund before the date of the enactment of 
     this Act.
       (d) Conforming Amendments.--Title IV of the Miscellaneous 
     Trade and Technical Corrections Act of 2004 (Public Law 108-
     429; 118 Stat. 2600) is amended by striking ``Bureau of 
     Customs and Border Protection'' each place it appears and 
     inserting ``U.S. Customs and Border Protection''.
       (e) Discretionary Authority.--
       (1) In general.--Section 4002(c)(3) of Public Law 108-429 
     is amended by inserting ``(or to protect domestic 
     manufacturing employment, and at the sole discretion of the 
     U.S. Customs and Border Protection, no later than April 15)'' 
     after ``March 1 of the year of the payment''.
       (2) Effective date.--The amendment made by this subsection 
     shall be effective for payment year 2011 and thereafter.
                                 ______
                                 
  SA 676. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, add the following:

        TITLE _--TRANSPARENCY REQUIREMENTS FOR FOREIGN-HELD DEBT

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Foreign-Held Debt 
     Transparency and Threat Assessment Act''.

     SEC. _02. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the following:
       (A) The Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on Finance, and the 
     Committee on the Budget of the Senate.
       (B) The Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on Ways and Means, and the 
     Committee on the Budget of the House of Representatives.
       (2) Debt instruments of the united states.--The term ``debt 
     instruments of the United States'' means all bills, notes, 
     and bonds issued or guaranteed by the United States or by an 
     entity of the United States Government, including any 
     Government-sponsored enterprise.

     SEC. _03. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the growing Federal debt of the United States has the 
     potential to jeopardize the national security and economic 
     stability of the United States;
       (2) the increasing dependence of the United States on 
     foreign creditors has the potential to make the United States 
     vulnerable to undue influence by certain foreign creditors in 
     national security and economic policymaking;
       (3) the People's Republic of China is the largest foreign 
     creditor of the United States, in terms of its overall 
     holdings of debt instruments of the United States;
       (4) the current level of transparency in the scope and 
     extent of foreign holdings of debt instruments of the United 
     States is inadequate and needs to be improved, particularly 
     regarding the holdings of the People's Republic of China;
       (5) through the People's Republic of China's large holdings 
     of debt instruments of the United States, China has become a 
     super creditor of the United States;
       (6) under certain circumstances, the holdings of the 
     People's Republic of China could give China a tool with which 
     China can try to manipulate the domestic and foreign 
     policymaking of the United States, including the United 
     States relationship with Taiwan;
       (7) under certain circumstances, if the People's Republic 
     of China were to be displeased with a given United States 
     policy or action, China could attempt to destabilize the 
     United States economy by rapidly divesting large portions of 
     China's holdings of debt instruments of the United States; 
     and
       (8) the People's Republic of China's expansive holdings of 
     such debt instruments of the United States could potentially 
     pose a direct threat to the United States economy and to 
     United States national security. This potential threat is a 
     significant issue that warrants further analysis and 
     evaluation.

     SEC. _04. QUARTERLY REPORT ON RISKS POSED BY FOREIGN HOLDINGS 
                   OF DEBT INSTRUMENTS OF THE UNITED STATES.

       (a) Quarterly Report.--Not later than March 31, June 30, 
     September 30, and December 31 of each year, the President 
     shall submit to the appropriate congressional committees a 
     report on the risks posed by foreign holdings of debt 
     instruments of the United States, in both classified and 
     unclassified form.
       (b) Matters To Be Included.--Each report submitted under 
     this section shall include the following:
       (1) The most recent data available on foreign holdings of 
     debt instruments of the United States, which data shall not 
     be older than the date that is 7 months preceding the date of 
     the report.
       (2) The country of domicile of all foreign creditors who 
     hold debt instruments of the United States.
       (3) The total amount of debt instruments of the United 
     States that are held by the foreign creditors, broken out by 
     the creditors' country of domicile and by public, quasi-
     public, and private creditors.
       (4) For each foreign country listed in paragraph (2)--
       (A) an analysis of the country's purpose in holding debt 
     instruments of the United States and long-term intentions 
     with regard to such debt instruments;
       (B) an analysis of the current and foreseeable risks to the 
     long-term national security and economic stability of the 
     United States posed by each country's holdings of debt 
     instruments of the United States; and
       (C) a specific determination of whether the level of risk 
     identified under subparagraph (B) is acceptable or 
     unacceptable.
       (c) Public Availability.--The President shall make each 
     report required by subsection (a) available, in its 
     unclassified form, to the public by posting it on the 
     Internet in a conspicuous manner and location.

     SEC. _05. ANNUAL REPORT ON RISKS POSED BY THE FEDERAL DEBT OF 
                   THE UNITED STATES.

       (a) In General.--Not later than December 31 of each year, 
     the Comptroller General of the United States shall submit to 
     the appropriate congressional committees a report on the 
     risks to the United States posed by the Federal debt of the 
     United States.
       (b) Content of Report.--Each report submitted under this 
     section shall include the following:
       (1) An analysis of the current and foreseeable risks to the 
     long-term national security and economic stability of the 
     United States posed by the Federal debt of the United States.
       (2) A specific determination of whether the levels of risk 
     identified under paragraph (1) are sustainable.
       (3) If the determination under paragraph (2) is that the 
     levels of risk are unsustainable, specific recommendations 
     for reducing the levels of risk to sustainable levels, in a 
     manner that results in a reduction in Federal spending.

     SEC. _06. CORRECTIVE ACTION TO ADDRESS UNACCEPTABLE AND 
                   UNSUSTAINABLE RISKS TO UNITED STATES NATIONAL 
                   SECURITY AND ECONOMIC STABILITY.

       In any case in which the President determines under section 
     ___04(b)(4)(C) that a foreign country's holdings of debt 
     instruments of the United States pose an unacceptable risk to 
     the long-term national security or economic stability of the 
     United States, the President shall, within 30 days of the 
     determination--
       (1) formulate a plan of action to reduce the risk level to 
     an acceptable and sustainable level, in a manner that results 
     in a reduction in Federal spending;
       (2) submit to the appropriate congressional committees a 
     report on the plan of action that includes a timeline for the 
     implementation of the plan and recommendations for

[[Page 14625]]

     any legislative action that would be required to fully 
     implement the plan; and
       (3) move expeditiously to implement the plan in order to 
     protect the long-term national security and economic 
     stability of the United States.
                                 ______
                                 
  SA 677. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SALE OF F-16 AIRCRAFT TO TAIWAN.

       (a) Findings.--Congress makes the following findings:
       (1) The Department of Defense, in its 2011 report to 
     Congress on ``Military and Security Developments Involving 
     the People's Republic of China,'' found that ``China 
     continued modernizing its military in 2010, with a focus on 
     Taiwan contingencies, even as cross-Strait relations 
     improved. The PLA seeks the capability to deter Taiwan 
     independence and influence Taiwan to settle the dispute on 
     Beijing's terms. In pursuit of this objective, Beijing is 
     developing capabilities intended to deter, delay, or deny 
     possible U.S. support for the island in the event of 
     conflict. The balance of cross-Strait military forces and 
     capabilities continues to shift in the mainland's favor.'' In 
     this report, the Department of Defense also concludes that, 
     over the next decade, China's air force will remain primarily 
     focused on ``building the capabilities required to pose a 
     credible military threat to Taiwan and U.S. forces in East 
     Asia, deter Taiwan independence, or influence Taiwan to 
     settle the dispute on Beijing's terms''.
       (2) The Defense Intelligence Agency (DIA) conducted a 
     preliminary assessment of the status and capabilities of 
     Taiwan's air force in an unclassified report, dated January 
     21, 2010. The DIA found that, ``[a]lthough Taiwan has nearly 
     400 combat aircraft in service, far fewer of these are 
     operationally capable.'' The report concluded, ``Many of 
     Taiwan's fighter aircraft are close to or beyond service 
     life, and many require extensive maintenance support. The 
     retirement of Mirage and F-5 aircraft will reduce the total 
     size of the Taiwan Air Force.''
       (3) Since 2006, authorities from Taiwan have made repeated 
     requests to purchase 66 F-16C/D multirole fighter aircraft 
     from the United States, in an effort to modernize the air 
     force of Taiwan and maintain its self-defense capability.
       (4) According to a report by the Perryman Group, a private 
     economic research and analysis firm, the requested sale of F-
     16C/Ds to Taiwan ``would generate some $8,700,000,000 in 
     output (gross product) and more than 87,664 person-years of 
     employment in the US,'' including 23,407 direct jobs, while 
     ``economic benefits would likely be realized in 44 states and 
     the District of Columbia''.
       (5) The sale of F-16C/Ds to Taiwan would both sustain 
     existing high-skilled jobs in key United States manufacturing 
     sectors and create new ones.
       (6) On August 1, 2011, a bipartisan group of 181 members of 
     the House of Representatives sent a letter to the President, 
     expressing support for the sale of F-16C/Ds to Taiwan. On May 
     26, 2011, a bipartisan group of 45 members of the Senate sent 
     a similar letter to the President, expressing support for the 
     sale. Two other members of the Senate wrote separately to the 
     President or the Secretary of State in 2011 and expressed 
     support for this sale.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) a critical element to maintaining peace and stability 
     in Asia in the face of China's two-decade-long program of 
     military modernization and expansion of military capabilities 
     is ensuring a militarily strong and confident Taiwan;
       (2) a Taiwan that is confident in its ability to deter 
     Chinese aggression will increase its ability to proceed in 
     developing peaceful relations with China in areas of mutual 
     interest;
       (3) the cross-Strait military balance between China and our 
     longstanding strategic partner, Taiwan, has clearly shifted 
     in China's favor;
       (4) China's military expansion poses a clear and present 
     danger to Taiwan, and this threat has very serious 
     implications for the ability of the United States to fulfill 
     its security obligations to allies in the region and protect 
     our vital United States national interests in East Asia;
       (5) Taiwan's air force continues to deteriorate, and it 
     needs additional advanced multirole fighter aircraft in order 
     to modernize its fleet and maintain a sufficient self-defense 
     capability;
       (6) the United States has a statutory obligation under the 
     Taiwan Relations Act (22 U.S.C. 3301 et seq.) to provide 
     Taiwan the defense articles necessary to enable Taiwan to 
     maintain sufficient self-defense capabilities, in furtherance 
     of maintaining peace and stability in the western Pacific 
     region;
       (7) in order to comply with the Taiwan Relations Act, the 
     United States must provide Taiwan with additional advanced 
     multirole fighter aircraft, as well as significant upgrades 
     to Taiwan's existing fleet of multirole fighter aircraft; and
       (8) the proposed sale of F-16C/D multirole fighter aircraft 
     to Taiwan would have significant economic benefits to the 
     United States economy.
       (c) Sale of Aircraft.--The President shall carry out the 
     sale of no fewer than 66 F-16C/D multirole fighter aircraft 
     to Taiwan.
                                 ______
                                 
  SA 678. Mr. PAUL (for himself, Mr. Vitter, Mr. DeMint, and Mr. Lee) 
submitted an amendment intended to be proposed by him to the bill S. 
1619, to provide for identification of misaligned currency, require 
action to correct the misalignment, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AUDIT REFORM AND TRANSPARENCY FOR THE BOARD OF 
                   GOVERNORS OF THE FEDERAL RESERVE SYSTEM.

       (a) In General.--Notwithstanding section 714 of title 31, 
     United States Code, or any other provision of law, an audit 
     of the Board of Governors of the Federal Reserve System and 
     the Federal reserve banks under subsection (b) of such 
     section 714 shall be completed before the end of 2012.
       (b) Report.--
       (1) In general.--A report on the audit required under 
     subsection (a) shall be submitted by the Comptroller General 
     to the Congress before the end of the 90-day period beginning 
     on the date on which such audit is completed and made 
     available to the Speaker of the House of Representatives, the 
     majority and minority leaders of the House of 
     Representatives, the majority and minority leaders of the 
     Senate, the chairman and ranking member of the committee and 
     each subcommittee of jurisdiction in the House of 
     Representatives and the Senate, and any other Member of 
     Congress who requests it.
       (2) Contents.--The report under paragraph (1) shall include 
     a detailed description of the findings and conclusion of the 
     Comptroller General with respect to the audit that is the 
     subject of the report, together with such recommendations for 
     legislative or administrative action as the Comptroller 
     General may determine to be appropriate.
       (c) Repeal of Certain Limitations.--Subsection (b) of 
     section 714 of title 31, United States Code, is amended by 
     striking all after ``in writing.''.
       (d) Technical and Conforming Amendment.--Section 714 of 
     title 31, United States Code, is amended by striking 
     subsection (f).
                                 ______
                                 
  SA 679. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 16. ANNUAL REPORT ON TRADE ENFORCEMENT ACTIVITIES OF THE 
                   UNITED STATES TRADE REPRESENTATIVE.

       Not later than 1 year after the date of the enactment of 
     this Act, and annually thereafter, the Comptroller General of 
     the United States shall submit to the Committee on Finance of 
     the Senate and the Committee on Ways and Means of the House 
     of Representatives a report--
       (1) describing the trade enforcement activities carried out 
     by the Office of the United States Trade Representative 
     during the year preceding the submission of the report, 
     including any consultations initiated by the United States 
     Trade Representative to resolve disputes under existing trade 
     agreements;
       (2) assessing the economic impact of each such activity, 
     including the impact on bilateral trade and on employment in 
     the United States; and
       (3) assessing the cost of, and resources dedicated to, each 
     such activity.
                                 ______
                                 
  SA 680. Mr. HATCH (for himself and Mr. Blunt) submitted an amendment 
intended to be proposed by him to the bill S. 1619, to provide for 
identification of misaligned currency, require action to correct the 
misalignment, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Currency Misalignment 
     Mitigation and Reform Act of 2011''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Country.--The term ``country'' means a foreign country, 
     dependent territory, or possession of a foreign country, and 
     may include an association of 2 or more foreign countries, 
     dependent territories, or possessions of countries into a 
     customs union outside the United States.
       (2) Fundamental misalignment.--The term ``fundamental 
     misalignment'' means a significant and sustained 
     undervaluation of

[[Page 14626]]

     the prevailing real effective exchange rate, adjusted for 
     cyclical and transitory factors, from its medium-term 
     equilibrium level.
       (3) Fundamentally misaligned currency.--The term 
     ``fundamentally misaligned currency'' means a foreign 
     currency that is in fundamental misalignment.
       (4) Real effective exchange rate.--The term ``real 
     effective exchange rate'' means a weighted average of 
     bilateral exchange rates, expressed in price-adjusted terms.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury.
       (6) Sterilization.--The term ``sterilization'' means 
     domestic monetary operations taken to neutralize the monetary 
     impact of increases in reserves associated with intervention 
     in the currency exchange market.

     SEC. 3. REPORT ON INTERNATIONAL MONETARY POLICY AND CURRENCY 
                   EXCHANGE RATES.

       (a) Reports Required.--
       (1) In general.--Not later than March 15 and September 15 
     of each calendar year, the Secretary, after consulting with 
     the Chairman of the Board of Governors of the Federal Reserve 
     System and the Advisory Committee on International Exchange 
     Rate Policy, shall submit to Congress and make public, a 
     written report on international monetary policy and currency 
     exchange rates.
       (2) Consultations.--On or before March 30 and September 30 
     of each calendar year, the Secretary shall appear, if 
     requested, before the Committee on Banking, Housing, and 
     Urban Affairs and the Committee on Finance of the Senate and 
     the Committee on Financial Services and the Committee on Ways 
     and Means of the House of Representatives to provide 
     testimony on the reports submitted pursuant to paragraph (1).
       (b) Content of Reports.--Each report submitted under 
     subsection (a) shall contain the following:
       (1) An analysis of currency market developments and the 
     relationship between the United States dollar and the 
     currencies of major economies and trading partners of the 
     United States.
       (2) A review of the economic and monetary policies of major 
     economies and trading partners of the United States, and an 
     evaluation of how such policies impact currency exchange 
     rates.
       (3) A description of any currency intervention by the 
     United States or other major economies or trading partners of 
     the United States, or other actions undertaken to adjust the 
     actual exchange rate relative to the United States dollar.
       (4) An evaluation of the domestic and global factors that 
     underlie the conditions in the currency markets, including--
       (A) monetary and financial conditions;
       (B) accumulation of foreign assets;
       (C) macroeconomic trends;
       (D) trends in current and financial account balances;
       (E) the size, composition, and growth of international 
     capital flows;
       (F) the impact of the external sector on economic growth;
       (G) the size and growth of external indebtedness;
       (H) trends in the net level of international investment; 
     and
       (I) capital controls, trade, and exchange restrictions.
       (5) A list of currencies designated as fundamentally 
     misaligned currencies pursuant to section 4(a)(2), and a 
     description of any economic models or methodologies used to 
     establish the list.
       (6) A list of currencies designated for priority action 
     pursuant to section 4(a)(3).
       (7) An identification of the nominal value associated with 
     the medium-term equilibrium exchange rate, relative to the 
     United States dollar, for each currency listed under 
     paragraph (6).
       (8) A description of any consultations conducted or other 
     steps taken pursuant to section 5, including any actions 
     taken to eliminate the fundamental misalignment.
       (c) Consultations.--The Secretary shall consult with the 
     Chairman of the Board of Governors of the Federal Reserve 
     System and the Advisory Committee on International Exchange 
     Rate Policy with respect to the preparation of each report 
     required under subsection (a). Any comments provided by the 
     Chairman of the Board of Governors of the Federal Reserve 
     System or the Advisory Committee on International Exchange 
     Rate Policy shall be submitted to the Secretary not later 
     than the date that is 15 days before the date each report is 
     due under subsection (a). The Secretary shall submit the 
     report to Congress after taking into account all comments 
     received from the Chairman and the Advisory Committee.

     SEC. 4. IDENTIFICATION OF FUNDAMENTALLY MISALIGNED 
                   CURRENCIES.

       (a) Identification.--
       (1) In general.--The Secretary shall analyze on a 
     semiannual basis the prevailing real effective exchange rates 
     of foreign currencies.
       (2) Designation of fundamentally misaligned currencies.--
     With respect to the currencies of countries that have 
     significant bilateral trade flows with the United States, and 
     currencies that are otherwise significant to the operation, 
     stability, or orderly development of regional or global 
     capital markets, the Secretary shall determine whether any 
     such currency is in fundamental misalignment and shall 
     designate such currency as a fundamentally misaligned 
     currency.
       (3) Designation of currencies for priority action.--The 
     Secretary shall designate a currency identified under 
     paragraph (2) for priority action if the country that issues 
     such currency is--
       (A) engaging in protracted large-scale intervention in the 
     currency exchange market, particularly if accompanied by 
     partial or full sterilization;
       (B) engaging in excessive and prolonged official or quasi-
     official accumulation of foreign exchange reserves and other 
     foreign assets, for balance of payments purposes;
       (C) introducing or substantially modifying for balance of 
     payments purposes a restriction on, or incentive for, the 
     inflow or outflow of capital, that is inconsistent with the 
     goal of achieving full currency convertibility; or
       (D) pursuing any other policy or action that, in the view 
     of the Secretary, warrants designation for priority action.
       (b) Reports.--The Secretary shall include a list of any 
     foreign currency designated under paragraph (2) or (3) of 
     subsection (a) and the data and reasoning underlying such 
     designations in each report required by section 3.

     SEC. 5. NEGOTIATIONS AND CONSULTATIONS.

       (a) In General.--Upon designation of a currency pursuant to 
     section 4(a)(2), the Secretary shall seek to consult 
     bilaterally with the country that issues such currency in 
     order to facilitate the adoption of appropriate policies to 
     address the fundamental misalignment.
       (b) Consultations Involving Currencies Designated for 
     Priority Action.--With respect to each currency designated 
     for priority action pursuant to section 4(a)(3), the 
     Secretary shall, in addition to seeking to consult with a 
     country pursuant to subsection (a), seek the advice of the 
     International Monetary Fund with respect to the Secretary's 
     findings in the report submitted to Congress pursuant to 
     section 3(a).
       (c) Plurilateral Negotiations Relating to Fundamentally 
     Misaligned Currencies.--
       (1) Negotiations through world trade organization and 
     international monetary fund.--The Secretary and the United 
     States Trade Representative shall enter into plurilateral or 
     multilateral negotiations through the World Trade 
     Organization and the International Monetary Fund to develop 
     effective remedial rules and actions--
       (A) to mitigate the adverse trade and economic effects of 
     fundamentally misaligned currencies designated for priority 
     action pursuant to section 4(a)(3); and
       (B) to encourage countries that issue such currencies to 
     adopt appropriate policies to eliminate the fundamental 
     misalignment of their currencies.
       (2) Additional plurilateral negotiations.--If the 
     negotiations required by paragraph (1) do not result in 
     agreement on the development of effective remedial rules and 
     actions described in that paragraph within 90 days, the 
     Secretary and the United States Trade Representative shall 
     enter into plurilateral negotiations outside the World Trade 
     Organization and the International Monetary Fund to develop 
     agreements with countries the currencies of which have not 
     been designated for priority action pursuant to section 
     4(a)(3), consistent with international obligations--
       (A) to mitigate the adverse trade and economic effects of 
     fundamentally misaligned currencies designated for such 
     priority action;
       (B) to encourage countries that issue such currencies to 
     adopt appropriate policies to eliminate the fundamental 
     misalignment of their currencies; and
       (C) to implement, if necessary, coordinated actions with 
     respect to countries that issue such currencies to prevent or 
     address currency exchange actions taken by those countries 
     that are inconsistent with the obligations of those countries 
     as members of the World Trade Organization and the 
     International Monetary Fund.
       (3) Reports.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and every 180 days thereafter 
     until the date on which all countries that issue currencies 
     designated for priority action pursuant to section 4(a)(3) 
     have eliminated the fundamental misalignment of their 
     currencies, the Secretary and the United States Trade 
     Representative shall submit to Congress a report on the 
     results of the negotiations described in paragraphs (1) and 
     (2).
       (B) Contents.--The report required by subparagraph (A) 
     shall identify--
       (i) the countries with which the United States is 
     conducting negotiations under paragraphs (1) and (2) and the 
     international fora in which those negotiations are taking 
     place;
       (ii) the remedial rules and actions under discussion in 
     those negotiations;
       (iii) any remedial rules that have been adopted and any 
     remedial actions that have been taken pursuant to those 
     negotiations; and
       (iv) what, if any, additional authority the Secretary and 
     the United States Trade Representative need from Congress to 
     conduct negotiations under this subsection--

[[Page 14627]]

       (I) to effectively mitigate the adverse trade and economic 
     effects of fundamentally misaligned currencies; or
       (II) to implement coordinated actions with countries the 
     currencies of which have not been designated for priority 
     action pursuant to section 4(a)(3) to prevent or address 
     exchange rate actions--

       (aa) taken by countries that issue currencies that have 
     been designated for such priority action; and
       (bb) that are inconsistent with the obligations of those 
     countries as members of the World Trade Organization and the 
     International Monetary Fund.
       (C) Consultations.--On or before the date that is 15 days 
     after the date on which each report is required to be 
     submitted under subparagraph (A), the Secretary shall appear, 
     if requested, before the Committee on Banking, Housing, and 
     Urban Affairs and the Committee on Finance of the Senate and 
     the Committee on Financial Services and the Committee on Ways 
     and Means of the House of Representatives to provide 
     testimony on the report submitted pursuant to subparagraph 
     (A).
       (4) Negotiating objective for ongoing and future 
     negotiations.--
       (A) In general.--For any negotiation with respect to an 
     agreement relating to trade or international monetary policy, 
     it shall be a priority negotiating objective of the United 
     States to negotiate with each party to the agreement a 
     commitment--
       (i) to prohibit fundamental misalignment of the currency 
     issued by the party that would result in the designation of 
     the currency for priority action pursuant to section 4(a)(3); 
     and
       (ii) to cooperate with the other parties to the agreement 
     to mitigate adverse trade and economic effects of the 
     fundamental misalignment of currencies designated for such 
     priority action.
       (B) Applicability.--Subparagraph (A) shall apply with 
     respect to an agreement described in that subparagraph that--
       (i) is commenced on or after the date of the enactment of 
     this Act; or
       (ii) was commenced before such date of enactment and is 
     ongoing on such date of enactment.

     SEC. 6. ADVISORY COMMITTEE ON INTERNATIONAL EXCHANGE RATE 
                   POLICY.

       (a) Establishment.--
       (1) In general.--There is established an Advisory Committee 
     on International Exchange Rate Policy (in this section 
     referred to as the ``Committee''). The Committee shall be 
     responsible for--
       (A) advising the Secretary in the preparation of each 
     report to Congress on international monetary policy and 
     currency exchange rates, provided for in section 3; and
       (B) advising Congress and the President with respect to--
       (i) international exchange rates and financial policies; 
     and
       (ii) the impact of such policies on the economy of the 
     United States.
       (2) Membership.--
       (A) In general.--The Committee shall be composed of 9 
     members as follows, none of whom shall be employees of the 
     Federal Government:
       (i) Congressional appointees.--

       (I) Senate appointees.--Four persons shall be appointed by 
     the President pro tempore of the Senate, upon the 
     recommendation of the chairmen and ranking members of the 
     Committee on Banking, Housing, and Urban Affairs and the 
     Committee on Finance of the Senate.
       (II) House appointees.--Four persons shall be appointed by 
     the Speaker of the House of Representatives upon the 
     recommendation of the chairmen and ranking members of the 
     Committee on Financial Services and the Committee on Ways and 
     Means of the House of Representatives.

       (ii) Presidential appointee.--One person shall be appointed 
     by the President.
       (B) Qualifications.--Persons shall be selected under 
     subparagraph (A) on the basis of their objectivity and 
     demonstrated expertise in finance, economics, or currency 
     exchange.
       (3) Terms.--Members shall be appointed for a term of 4 
     years or until the Committee terminates. An individual may be 
     reappointed to the Committee for additional terms.
       (4) Vacancies.--Any vacancy in the Committee shall not 
     affect its powers, but shall be filled in the same manner as 
     the original appointment.
       (b) Duration of Committee.--Notwithstanding section 14(c) 
     of the Federal Advisory Committee Act (5 U.S.C. App.), the 
     Committee shall terminate on the date that is 4 years after 
     the date of the enactment of this Act unless renewed by the 
     President pursuant to section 14 of the Federal Advisory 
     Committee Act (5 U.S.C. App.) for a subsequent 4-year period. 
     The President may continue to renew the Committee for 
     successive 4-year periods by taking appropriate action prior 
     to the date on which the Committee would otherwise terminate.
       (c) Public Meetings.--The Committee shall hold at least 2 
     public meetings each year for the purpose of accepting public 
     comments, including comments from small business owners. The 
     Committee shall also meet as needed at the call of the 
     Secretary or at the call of two-thirds of the members of the 
     Committee.
       (d) Chairperson.--The Committee shall elect from among its 
     members a chairperson for a term of 4 years or until the 
     Committee terminates. A chairperson of the Committee may be 
     reelected chairperson but is ineligible to serve consecutive 
     terms as chairperson.
       (e) Staff.--The Secretary shall make available to the 
     Committee such staff, information, personnel, administrative 
     services, and assistance as the Committee may reasonably 
     require to carry out its activities.
       (f) Application of Federal Advisory Committee Act.--
       (1) In general.--The provisions of the Federal Advisory 
     Committee Act (5 U.S.C. App.) shall apply to the Committee.
       (2) Exception.--Except for the 2 annual public meetings 
     required under subsection (c), meetings of the Committee 
     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 Secretary that such meetings will be concerned with 
     matters the disclosure of which would seriously compromise 
     the development by the United States Government of monetary 
     and financial policy.

     SEC. 7. REPEAL OF THE EXCHANGE RATES AND ECONOMIC POLICY 
                   COORDINATION ACT OF 1988.

       The Exchange Rates and International Economic Policy 
     Coordination Act of 1988 (22 U.S.C. 5301 et seq.) is 
     repealed.
                                 ______
                                 
  SA 681. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 16. SENSE OF CONGRESS ON ACCESSION OF THE RUSSIAN 
                   FEDERATION TO THE WORLD TRADE ORGANIZATION.

       It is the sense of Congress that, before the United States 
     can support the accession of the Russian Federation to the 
     World Trade Organization, the Government of the Russian 
     Federation needs to make considerable and demonstrative 
     progress toward complying with the major obligations of 
     members of the World Trade Organization, including--
       (1) strengthening protection of intellectual property 
     rights, including significantly increasing enforcement 
     efforts with respect to Internet piracy;
       (2) curtailing the use of unjustified sanitary restrictions 
     to limit exports of agricultural products from the United 
     States to the Russian Federation;
       (3) eliminating technical barriers to trade that affect the 
     information technology industry; and
       (4) generally strengthening respect for the rule of law.
                                 ______
                                 
  SA 682. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 16. SENSE OF CONGRESS ON BRAZIL AND THE INFORMATION 
                   TECHNOLOGY AGREEMENT OF THE WORLD TRADE 
                   ORGANIZATION.

       (a) Findings.--Congress makes the following findings:
       (1) Under the Ministerial Declaration on Trade in 
     Information Technology Products of the World Trade 
     Organization, agreed to at Singapore December 13, 1996 (in 
     this section referred to as the ``Information Technology 
     Agreement''), 70 countries have eliminated their tariffs on 
     information technology products. Those countries represent 
     about 97 percent of the global trade of information 
     technology products.
       (2) The United States is a signatory to the Information 
     Technology Agreement, as are other developed countries as 
     well as developing countries.
       (3) By liberalizing the trade of information technology 
     products, the Information Technology Agreement improves 
     global interconnectedness and promotes economic development 
     in signatory countries, including developing countries.
       (4) The list of signatories to the Information Technology 
     Agreement does not include Brazil, a major trading partner of 
     the United States.
       (5) Brazil is one of the 10 largest economies in the world, 
     is the fifth largest consumer market for information 
     technology products in the world, and is the largest consumer 
     market for such products in Latin America. Brazil ranks 
     seventh in the world in the use of the Internet.
       (6) Brazil is a major market for information technology 
     products and it imposes tariffs on information technology 
     products imported from the United States, but the United 
     States imposes no tariffs on such products imported from 
     Brazil.

[[Page 14628]]

       (7) Morever, because the United States designates Brazil as 
     a beneficiary developing country under the Generalized System 
     of Preferences under title V of the Trade Act of 1974 (19 
     U.S.C. 2461 et seq.), over $2,000,000,000 in imports from 
     Brazil entered the United States duty-free under the 
     Generalized System of Preferences in 2010.
       (8) It is reasonable for the United States to expect Brazil 
     to provide tariff reciprocity and, at a minimum, to become a 
     signatory to the Information Technology Agreement.
       (b) Sense of Congress.--It is the sense of Congress that 
     the President should make it a priority to urge Brazil to 
     become a signatory to the Information Technology Agreement.
       (c) Report.--Not later than the date that is 180 days after 
     the date of the enactment of this Act and not later than the 
     date that is 1 year after such date of enactment, the United 
     States Trade Representative shall submit to the Committee on 
     Finance of the Senate and the Committee on Ways and Means of 
     the House of Representatives a report on the progress made in 
     efforts to urge Brazil to become a signatory to the 
     Information Technology Agreement.
                                 ______
                                 
  SA 683. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 16. REPORT ON TRADE AGENCY REORGANIZATION PROPOSAL.

       Not later than 30 days after the date of the enactment of 
     this Act, the Director of the Office of Management and Budget 
     shall submit to the Committee on Finance of the Senate and 
     the Committee on Ways and Means of the House of 
     Representatives a report--
       (1) on the analysis undertaken by the Office of Management 
     and Budget of the President's proposal to reorganize the 
     Federal agencies with responsibilities relating to 
     international trade, as provided for in the memorandum of the 
     President for the heads of executive departments and agencies 
     relating to government reform for competitiveness and 
     innovation, dated March 11, 2011; and
       (2) that includes--
       (A) the proposed options for reorganization of those 
     agencies considered by the Office of Management and Budget 
     during its review of those agencies;
       (B) conclusions derived from that review; and
       (C) recommendations for reorganizing those agencies.
                                 ______
                                 
  SA 684. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROMOTION OF JOB CREATION.

       (a) Findings.--Congress makes the following findings:
       (1) In terms of bilateral surveillance, Article IV of the 
     International Monetary Fund (referred to in this section as 
     the ``IMF'') Articles of Agreement lays out a code of conduct 
     for countries' exchange rate and domestic policies. Within 
     this setting, Article IV consultations use exchange rate 
     assessments to monitor countries competitiveness and 
     vulnerabilities to balance of payments crises.
       (2) The IMF uses three complementary measures to perform 
     exchange rate assessments and to help determine exchange rate 
     misalignments, a ``macroeconomic balance'' approach, an 
     ``equilibrium real exchange rate'' approach, and an 
     ``external sustainability'' approach.
       (3) Exchange rate assessments are based on the notion of 
     equilibrium, which the IMF has identified as ``consistency 
     with external and internal balance over the medium to long 
     run''.
       (4) The ``medium term,'' according to IMF definitions 
     relevant to exchange rate assessments, is a horizon over 
     which domestic and partner-country output gaps are closed and 
     the lagged effects of past exchange rate changes are fully 
     realized.
       (5) An output gap is measured by the difference between 
     actual output in an economy and potential output.
       (6) Potential output is the level of output in an economy 
     that would be realized if labor, capital, and other resources 
     were at high levels of utilization.
       (7) Negative output gaps mean that actual output in an 
     economy is below potential output.
       (8) This Act seeks to help close a negative output gap in 
     the United States by promoting the elimination of global 
     imbalances and currency misalignments, and relies partly on 
     IMF determinations of exchange rate misalignments which, in 
     turn, rely on the concept of the output gap.
       (9) Negative output gaps are typically consistent with 
     unemployed labor resources. The more negative the gap, the 
     larger tends to be the unemployment rate and the greater the 
     need for job creation.
       (10) Negative output gaps for the United States mean the 
     difference between the actual gross domestic product and 
     ``potential gross domestic product''.
       (b) Definitions.--In this section:
       (1) Output gap computed by the cbo.--The term ``output gap 
     computed by the Congressional Budget Office'' means the 
     difference, computed by the Congressional Budget Office, 
     between actual gross domestic product and the Congressional 
     Budget Office's measure of potential gross domestic product.
       (2) Potential gross domestic product.--The term ``potential 
     gross domestic product'' means the Congressional Budget 
     Office's estimate of ``full-employment'' gross domestic 
     product, according to the Congressional Budget Office's 
     definition of full-employment as taken from statistical 
     procedures grounded in economic theory.
       (3) Unemployment rate.--The term ``unemployment rate'' 
     means the U-3 measure as computed by the Bureau of Labor 
     Statistics, which is the total number of unemployed as a 
     percentage of the civilian labor force as reported in the 
     Bureau of Labor Statistic's Current Population Survey 
     (commonly known as the ``Household Survey'').
       (c) Davis-Bacon and McNamara-O'Hara Not Applicable.--
       (1) In general.--No Federal funds shall be used to 
     administer or enforce the wage-rate requirements of 
     subchapter IV of chapter 31 of part A of subtitle II of title 
     40, United States Code (commonly referred to as the ``Davis-
     Bacon Act''), or of the Service Contract Act of 1965 (Public 
     Law 89-286; commonly referred to as the ``McNamara-O'Hara 
     Service Contract Act''), with respect to any project or 
     program funded by the United States, during any calendar 
     quarter following a calendar quarter for which the output gap 
     computed by the Congressional Budget Office is negative or 
     the unemployment rate as computed by the Bureau of Labor 
     Statistics averages five percent or more, until such time as 
     the Congressional Budget Office makes the determinations 
     under paragraph (2).
       (2) Future application.--The limitation provided for in 
     paragraph (1) shall cease to apply and the wage-rate 
     requirements described in paragraph (1) shall apply beginning 
     in the first calendar quarter that follows four or more 
     consecutive calendar quarters of non-negative output gaps as 
     computed by the Congressional Budget Office and four or more 
     consecutive quarters of average unemployment rates that are 
     below the level of the unemployment rate deemed consistent 
     with the Congressional Budget Office's estimate of full 
     employment.
                                 ______
                                 
  SA 685. Mr. CRAPO (for himself, Mr. Johanns, Mr. Shelby, Mr. Vitter, 
Mr. Toomey, Mr. Moran, and Mr. Kirk) submitted an amendment intended to 
be proposed by him to the bill S. 1619, to provide for identification 
of misaligned currency, require action to correct the misalignment, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 16. DODD-FRANK IMPROVEMENTS REGARDING REGULATION OF 
                   DERIVATIVES.

       (a) Establishment.--Section 4 of the Securities Exchange 
     Act of 1934 (15 U.S.C. 78d) is amended by adding at the end 
     the following:
       ``(j) Office of Derivatives.--
       ``(1) Office established.--There is established within the 
     Commission the Office of Derivatives (referred to in this 
     subsection as the `Office')--
       ``(A) to administer the rules of the Commission with 
     respect to security-based swaps and, as necessary, to make 
     recommendations to the Commission for new rules or changes to 
     existing rules with respect to security-based swaps;
       ``(B) to coordinate oversight of the market for swaps and 
     security-based swaps, participants in that market, and 
     infrastructure providers for that market with other relevant 
     domestic and international regulators; and
       ``(C) to monitor developments in the market for swaps and 
     security-based swaps.
       ``(2) Director of the office.--The head of the Office shall 
     be the Director, who shall report to the Director of the 
     Division of Trading and Markets and the Director of Risk, 
     Strategy, and Financial Innovation.
       ``(3) Staffing.--
       ``(A) In general.--The Office shall be staffed by persons 
     transferred in accordance with subparagraph (B), including 
     persons having knowledge of and expertise in the uses for, 
     trading in, execution of, and clearing of swaps and security-
     based swaps.
       ``(B) Transfers.--The Director of the Office of 
     Derivatives, the Director of the Division of Trading and 
     Markets, the Director of Risk, Strategy, and Financial 
     Innovation, and the Director of the Office of Compliance, 
     Inspections, and Examinations shall jointly identify 
     employees to be transferred from the Division of Trading and 
     Markets, the Division of Risk, Strategy, and Financial 
     Innovation, and the Office of Compliance, Inspections, and 
     Examinations, respectively, to the

[[Page 14629]]

     Office of Derivatives, in numbers sufficient to carry out 
     fully the requirements of this subsection.
       ``(4) Enforcement.--The Division of Enforcement shall 
     consult with the Office before presenting a recommendation 
     with respect to security-based swaps to the Commission.
       ``(5) Inspections and examinations.--A representative of 
     the Office shall be afforded the opportunity to participate 
     in any inspection or examination of a security-based swap 
     dealer, major security-based swap participant, security-based 
     swap data repository, or clearing agency that clears 
     security-based swaps.
       ``(6) Annual report.--On or before the date that is one 
     year after the Office is established and annually thereafter, 
     the Director shall submit to the Chairman and publish on the 
     public website of the Commission a report that describes the 
     activities of the Office during the preceding year, and the 
     developments in the swaps and security-based swaps market.''
       (b) Orderly Implementation of Derivatives Provisions.--
       (1) Review of regulatory authority.--Section 712 of the 
     Dodd-Frank Wall Street Reform and Consumer Protection Act (15 
     U.S.C. 8302) is amended--
       (A) in each of subsections (a)(3) and (e), by striking 
     ``360'' each place that term appears and inserting ``720''; 
     and
       (B) by adding at the end the following:
       ``(g) Orderly Implementation Schedule.--
       ``(1) In general.--Not later than December 31, 2011, the 
     Commodity Futures Trading Commission, the Securities and 
     Exchange Commission, and the prudential regulators shall 
     jointly, pursuant to the notice and comment requirements 
     contained in title 5, United States Code, adopt an 
     implementation schedule for this title.
       ``(2) Schedule content.--Such implementation schedule 
     shall--
       ``(A) set forth a schedule for the publication of final 
     rules required by this title, except that, unless otherwise 
     specifically provided by a provision of this title, the rules 
     required by subsection (d)(1) shall be adopted before any 
     other required rules;
       ``(B) set forth a schedule for the effective dates for 
     provisions of this title, including provisions that require a 
     rulemaking and provisions that do not require a rulemaking;
       ``(C) take into consideration--
       ``(i) a quantitative analysis of the effects of this title 
     on United States economic growth and job creation;
       ``(ii) the implications of this title for cross-border 
     activity by, and international competitiveness of, United 
     States financial institutions, companies, and investors;
       ``(iii) whether and how the definitional, clearing, 
     trading, reporting, recordkeeping, real-time reporting, 
     registration, capital, margin, business conduct, position 
     limits and other requirements of this title work together, 
     and how they affect market depth and liquidity; and
       ``(iv) the implications of any lack of harmonization by the 
     Securities and Exchange Commission, the Commodity Futures 
     Trading Commission, and the prudential regulators with 
     respect to the timing and the substance of their rules.
       ``(h) Orderly Implementation Authority.--Notwithstanding 
     any other provision of law, the Commodity Futures Trading 
     Commission, the Securities and Exchange Commission and the 
     prudential regulators, by rule, regulation, or order, may 
     conditionally or unconditionally exempt any person, swap, 
     security-based swap, activity, or transaction, or any class 
     or classes of persons, swaps, security-based swaps, 
     activities, or transactions, from any provision or provisions 
     of this title administered thereby, or any rule or regulation 
     thereunder, to the extent that such exemption is necessary or 
     appropriate in the public interest and is in furtherance of 
     the objectives of this title, such as the orderly 
     implementation and international harmonization of the timing 
     and substance of derivatives regulatory reform.''.
       (2) Effective dates.--Title VII of the Dodd-Frank Wall 
     Street Reform and Consumer Protection Act (Public Law 111-
     203, 124 Stat. 1641) is amended--
       (A) in section 754 (7 U.S.C. 7a note), by striking ``the 
     later of'' and all that follows through the period and 
     inserting ``the dates specified in the implementation 
     schedule adopted pursuant to section 712(g).''; and
       (B) in section 774 (15 U.S.C. 77b note), by striking ``the 
     later of'' and all that follows through the period and 
     inserting ``the dates specified in the implementation 
     schedule adopted pursuant to section 712(g).''.
       (c) Clarification of End User Status.--
       (1) End users of swaps.--
       (A) Margin requirements.--Section 4s(e) of the Commodity 
     Exchange Act (7 U.S.C. 6s(e)), as added by section 731 of the 
     Dodd-Frank Wall Street Reform and Consumer Protection Act, is 
     amended by adding at the end the following:
       ``(4) Applicability with respect to counterparties.--The 
     margin requirements of this subsection shall not apply to a 
     swap in which 1 of the counterparties is not--
       ``(A) a swap dealer or major swap participant;
       ``(B) an investment fund that--
       ``(i) has issued securities (other than debt securities) to 
     more than 5 unaffiliated persons;
       ``(ii) would be an investment company (as defined in 
     section 3 of the Investment Company Act of 1940 (15 U.S.C. 
     80a-3)) but for paragraph (1) or (7) of subsection (c) of 
     that section; and
       ``(iii) is not primarily invested in physical assets 
     (including commercial real estate) directly or through an 
     interest in an affiliate that owns the physical assets;
       ``(C) a regulated entity, as defined in section 1303 of the 
     Federal Housing Enterprises Financial Safety and Soundness 
     Act of 1992 (12 U.S.C. 4502); or
       ``(D) a commodity pool that is predominantly invested in 
     any combination of commodities, commodity swaps, commodity 
     options, or commodity futures.
       ``(5) Margin transition rules.--Swaps entered into before 
     the date on which final rules under section 712(e) of the 
     Dodd-Frank Wall Street Reform and Consumer Protection Act (15 
     U.S.C. 8302(e)) become effective shall be exempt from the 
     margin requirements under this subsection.''.
       (B) Major swap participant.--Section 1a(33)(A) of the 
     Commodity Exchange Act (7 U.S.C. 1a(33)(A)) is amended by 
     striking clause (ii) and inserting the following:
       ``(ii) whose outstanding swaps create substantial net 
     uncollateralized counterparty exposure that could have 
     serious adverse effects on the financial stability of the 
     United States banking system or financial markets; or''.
       (C) Effective date.--The amendments made by subsection (a) 
     shall have the same effective date as provided in section 754 
     of the Dodd-Frank Wall Street Reform and Consumer Protection 
     Act, as amended by section 1(b) of this Act.
       (2) End users of security-based swaps.--
       (A) Margin requirements.--Section 15F(e) of the Securities 
     Exchange Act of 1934 (15 U.S.C. 780-10(e)), as added by 
     section 764 of the Dodd-Frank Wall Street Reform and Consumer 
     Protection Act, is amended by adding at the end the 
     following:
       ``(4) Applicability with respect to counterparties.--The 
     margin requirements of this subsection shall not apply to a 
     security-based swap in which 1 of the counterparties is not--
       ``(A) a security-based swap dealer or major security-based 
     swap participant;
       ``(B) an investment fund that would be an investment 
     company (as defined in section 3 of the Investment Company 
     Act of 1940 (15 U.S.C. 80a-3)), but for paragraph (1) or (7) 
     of section 3(c) of that Act (15 U.S.C. 80a-3(c)), that is not 
     primarily invested in physical assets (including commercial 
     real estate) directly or through interest in its affiliates 
     that own such assets;
       ``(C) a regulated entity, as defined in section 1303 of the 
     Federal Housing Enterprises Financial Safety and Soundness 
     Act of 1992 (12 U.S.C. 4502); or
       ``(D) a commodity pool that is predominantly invested in 
     any combination of commodities, commodity swaps, commodity 
     options or commodity futures.
       ``(5) Margin transition rules.--Security-based swaps 
     entered into before the date on which final rules under 
     section 712(e) of the Dodd-Frank Wall Street Reform and 
     Consumer Protection Act become effective are exempt from the 
     margin requirements of this subsection.''.
       (B) Major security-based swap participant.--Section 
     3(a)(67)(A)(ii)(II) of the Securities Exchange Act of 1934 
     (15 U.S.C. 78c(a)(67)(A)(ii)(II)), is amended to read as 
     follows:

       ``(II) whose outstanding security-based swaps create 
     substantial net uncollateralized counterparty exposure that 
     could have serious adverse effects on the financial stability 
     of the United States banking system or financial markets;''.

       (C) Effective date.--The amendments made by this paragraph 
     shall have the same effective date as provided in section 774 
     of the Dodd-Frank Wall Street Reform and Consumer Protection 
     Act, as amended by this Act.
       (d) Treatment of Affiliate Transactions.--Title VII of the 
     Dodd-Frank Wall Street Reform and Consumer Protection Act (15 
     U.S.C. 8301 et seq.) is amended by inserting after section 
     713 (15 U.S.C. the following new section:

     ``SEC. 713A. TREATMENT OF AFFILIATE TRANSACTIONS.

       ``(a) In General.--An agreement, contract, or transaction 
     that would otherwise be a swap or security-based swap, and 
     that is entered into by a party that is controlling, 
     controlled by, or under common control with its counterparty 
     shall not be deemed to be a `swap' or `security-based swap' 
     for purposes of this Act.
       ``(b) Reporting.--All agreements, contracts, or 
     transactions described in subsection (a) shall be reported to 
     either a swap data repository, or, if there is no swap data 
     repository that would accept such transaction reports, to the 
     Commission pursuant to sections 729 and 766. within such time 
     period as the Commission may prescribe by rule or 
     regulation.''.
       (e) International Competitiveness and Harmonization.--
       (1) Study on international swap regulation.--Section 
     719(c)(2) of the Dodd-Frank

[[Page 14630]]

     Wall Street Reform and Consumer Protection Act (15 U.S.C. 
     8307(c)(2)) is amended--
       (A) by striking ``18'' and inserting ``30'';
       (B) in subparagraph (C), by striking ``and'' at the end;
       (C) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(E) an analysis of the progress of members of the Group 
     of 20 and other countries toward implementing derivatives 
     regulatory reform, including material differences in the 
     schedule for implementation (as well as material differences 
     in definitions, clearing, trading, reporting, registration, 
     capital, margin, business conduct, and position limits) and 
     their possible and likely effects on United States 
     competitiveness, market liquidity, and financial 
     stability.''.
       (2) Applicability.--The Dodd-Frank Wall Street Reform and 
     Consumer Protection Act is amended by inserting after section 
     719 the following new section:

     ``SEC. 719A. APPLICABILITY.

       ``(a) In General.--Subject to subsections (b) and (c), and 
     notwithstanding any other provision of this title, no 
     activities conducted outside of the United States between 
     counterparties established under the laws of any jurisdiction 
     outside of the United States (including a non-United States 
     branch of a United States entity licensed and recognized 
     under local law outside of the United States) shall be 
     considered--
       ``(1) to have a direct and significant connection with 
     activities in, or effect on, commerce of the United States;
       ``(2) to constitute a business within the jurisdiction of 
     the United States; or
       ``(3) to constitute evasion of any provision of this title, 
     unless those activities contravene such rules as may be 
     adopted by the Commodity Futures Trading Commission and the 
     Securities and Exchange Commission pursuant to subsection 
     (b).
       ``(b) Rulemaking.--After completing the report required by 
     section 719(c)(2), the Commodity Futures Trading Commission 
     and the Securities and Exchange Commission may jointly issue 
     such rules as are necessary to prohibit transactions or 
     activities, or classes of transactions or activities 
     conducted outside of the United States that the agencies 
     find--
       ``(1) have no valid business purpose;
       ``(2) are structured with the sole purpose of evading the 
     requirements of this title; and
       ``(3) might reasonably be expected to have a serious 
     adverse effect on the stability of the United States 
     financial system.
       ``(c) Exception.--Subsection (a) shall not apply to any 
     provision of this title prohibiting fraud or manipulation or 
     any rule or regulation thereunder.''.
                                 ______
                                 
  SA 686. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. GOLD AND SILVER COINS THAT ARE LEGAL TENDER NOT 
                   SUBJECT TO TAXATION.

       (a) In General.--Gold and silver coins declared legal 
     tender by the Federal Government or any State government 
     shall not be subject to taxation.
       (b) Conforming Amendment.--Section 1(h)(5) of the Internal 
     Revenue Code of 1986 is amended--
       (1) by striking ``(as defined in section 408(m) without 
     regard to paragraph (3) thereof)'' in subparagraph (A), and
       (2) by adding at the end the following new subparagraph:
       ``(C) Collectible.--For purposes of this paragraph, the 
     term `collectible' has the meaning given such term by section 
     408(m), determined without regard to subparagraphs (A)(iii), 
     (A)(iv), and (B).''.
       (c) Effective Date.--The provisions of, and amendments made 
     by, this section shall take effect on the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 687. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPEAL OF THE DODD-FRANK WALL STREET REFORM AND 
                   CONSUMER PROTECTION ACT.

       The Dodd-Frank Wall Street Reform and Consumer Protection 
     Act (Public Law 111-203) is repealed, and the provisions of 
     law amended by such Act are revived or restored as if such 
     Act had not been enacted.
                                 ______
                                 
  SA 688. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NULLIFICATION OF FINAL RULE.

       As of the date of enactment of this Act, the final rule 
     entitled ``Use of Ozone-Depleting Substances; Removal of 
     Essential-Use Designation (Epinephrine)'' (73 Fed. Reg. 69532 
     (November 19, 2008)) shall have no force or effect.
                                 ______
                                 
  SA 689. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EMPLOYEE FREE CHOICE.

       (a) Amendments to the National Labor Relations Act.--
       (1) Rights of employees.--Section 7 of the National Labor 
     Relations Act (29 U.S.C. 157) is amended by striking ``except 
     to'' and all that follows through ``authorized in section 
     8(a)(3)''.
       (2) Unfair labor practices.--Section 8 of the National 
     Labor Relations Act (29 U.S.C. 158) is amended--
       (A) in subsection (a)(3), by striking ``: Provided, That'' 
     and all that follows through ``retaining membership'';
       (B) in subsection (b)--
       (i) in paragraph (2), by striking ``or to discriminate'' 
     and all that follows through ``retaining membership''; and
       (ii) in paragraph (5), by striking ``covered by an 
     agreement authorized under subsection (a)(3) of this 
     section''; and
       (C) in subsection (f), by striking clause (2) and 
     redesignating clauses (3) and (4) as clauses (2) and (3), 
     respectively.
       (b) Amendment to the Railway Labor Act.--Section 2 of the 
     Railway Labor Act (45 U.S.C. 152) is amended by striking 
     paragraph Eleven.
                                 ______
                                 
  SA 690. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 5, between lines 9 and 10, insert the following:
       (4) A description of currency intervention by the United 
     States that includes an assessment, based on factors that 
     include economic growth, job creation, inflation, and 
     commodities prices, of the effects in the United States and 
     internationally of actions taken by the Board of Governors of 
     the Federal Reserve System and the Federal Open Market 
     Committee, including--
       (A) significantly increasing in the size of the Federal 
     Reserve's balance sheet;
       (B) conducting multiple rounds of quantitative easing; and
       (C) maintaining exceptionally low interest rates for an 
     extended period of time.
                                 ______
                                 
  SA 691. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. ___. MODIFICATION AND PERMANENT EXTENSION OF THE 
                   INCENTIVES TO REINVEST FOREIGN EARNINGS IN THE 
                   UNITED STATES.

       (a) Repatriation Subject to 5 Percent Tax Rate.--Subsection 
     (a)(1) of section 965 of the Internal Revenue Code of 1986 is 
     amended by striking ``85 percent'' and inserting ``85.7 
     percent''.
       (b) Permanent Extension to Elect Repatriation.--Subsection 
     (f) of section 965 of the Internal Revenue Code of 1986 is 
     amended to read as follows:
       ``(f) Election.--The taxpayer may elect to apply this 
     section to any taxable year only if made on or before the due 
     date (including extensions) for filing the return of tax for 
     such taxable year.''.
       (c) Repatriation Includes Current and Accumulated Foreign 
     Earnings.--
       (1) In general.--Paragraph (1) of section 965(b) of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(1) In general.--The amount of dividends taken into 
     account under subsection (a) shall not exceed the sum of the 
     current and accumulated earnings and profits described in 
     section 959(c)(3) for the year a deduction is claimed under 
     subsection (a), without diminution by reason of any 
     distributions made during the election year, for all 
     controlled foreign corporations of the United States 
     shareholder.''.

[[Page 14631]]

       (2) Conforming amendments.--
       (A) Section 965(b) of such Code is amended by striking 
     paragraphs (2) and (4) and by redesignating paragraph (3) as 
     paragraph (2).
       (B) Section 965(c) of such Code is amended by striking 
     paragraphs (1) and (2) and by redesignating paragraphs (3), 
     (4), and (5) as paragraphs (1), (2), and (3), respectively.
       (C) Paragraph (3) of section 965(c) of such Code, as 
     redesignated by subparagraph (B), is amended to read as 
     follows:
       ``(3) Controlled groups.--All United States shareholders 
     which are members of an affiliated group filing a 
     consolidated return under section 1501 shall be treated as 
     one United States shareholder.''.
       (d) Clerical Amendments.--
       (1) The heading for section 965 of the Internal Revenue 
     Code of 1986 is amended by striking ``TEMPORARY''.
       (2) The table of sections for subpart F of part III of 
     subchapter N of chapter 1 of such Code is amended by striking 
     ``Temporary dividends'' and inserting ``Dividends''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 692. Mr. JOHANNS submitted an amendment intended to be proposed by 
him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

               TITLE __--FARM DUST REGULATION PREVENTION

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Farm Dust Regulation 
     Prevention Act of 2011''.

     SEC. __02. NUISANCE DUST.

       Part A of title I of the Clean Air Act (42 U.S.C. 7401 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 132. REGULATION OF NUISANCE DUST PRIMARILY BY STATE, 
                   TRIBAL, AND LOCAL GOVERNMENTS.

       ``(a) Definition of Nuisance Dust.--In this section, the 
     term `nuisance dust' means particulate matter--
       ``(1) generated from natural sources, unpaved roads, 
     agricultural activities, earth moving, or other activities 
     typically conducted in rural areas; or
       ``(2) consisting primarily of soil, windblown dust, or 
     other natural or biological materials, or some combination of 
     those materials.
       ``(b) Applicability.--Except as provided in subsection (c), 
     this Act does not apply to, and references in this Act to 
     particulate matter are deemed to exclude, nuisance dust.
       ``(c) Exception.--Subsection (b) does not apply with 
     respect to any geographical area in which nuisance dust is 
     not regulated under State, tribal, or local law to the extent 
     that the Administrator finds that--
       ``(1) nuisance dust (or any subcategory of nuisance dust) 
     causes substantial adverse public health and welfare effects 
     at ambient concentrations; and
       ``(2) the benefits of applying standards and other 
     requirements of this Act to nuisance dust (or such a 
     subcategory of nuisance dust) outweigh the costs (including 
     local and regional economic and employment impacts) of 
     applying those standards and other requirements to nuisance 
     dust (or such a subcategory).''.

     SEC. __03. TEMPORARY PROHIBITION AGAINST REVISING ANY 
                   NATIONAL AMBIENT AIR QUALITY STANDARD 
                   APPLICABLE TO COARSE PARTICULATE MATTER.

       Before the date that is 1 year after the date of enactment 
     of this Act, the Administrator of the Environmental 
     Protection Agency may not propose, finalize, implement, or 
     enforce any regulation revising the national primary ambient 
     air quality standard or the national secondary ambient air 
     quality standard applicable to particulate matter with an 
     aerodynamic diameter greater than 2.5 micrometers under 
     section 109 of the Clean Air Act (42 U.S.C. 7409).
                                 ______
                                 
  SA 693. Mr. WEBB submitted an amendment intended to be proposed by 
him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 16. PROHIBITION ON TRANSFER OF PROPRIETARY TECHNOLOGY 
                   AND INTELLECTUAL PROPERTY DEVELOPED WITH 
                   FUNDING PROVIDED BY THE UNITED STATES 
                   GOVERNMENT TO ENTITIES OF CERTAIN COUNTRIES.

       (a) In General.--Notwithstanding any other provision of 
     law, a United States commercial entity may not transfer to 
     any entity described in subsection (b) any proprietary 
     technology or intellectual property that was researched, 
     developed, or commercialized using a contract, grant, loan, 
     loan guarantee, or other financial assistance provided or 
     awarded by the United States Government.
       (b) Entities Described.--
       (1) In general.--An entity described in this subsection is 
     an entity--
       (A) owned or controlled by the government of a country 
     described in paragraph (2); or
       (B) in which citizens of such a country hold interests 
     representing at least 5 percent of the capital structure of 
     the entity.
       (2) Countries described.--A country described in this 
     paragraph is a country in which, by law, practice, or policy, 
     any United States entity is required to transfer proprietary 
     technology or intellectual property as a condition of doing 
     business in that country.
       (c) Waiver.--The Secretary of Commerce may waive the 
     prohibition in subsection (a) with respect to a transfer of 
     proprietary technology or intellectual property if the 
     Secretary determines that the transfer would not compromise 
     the economic interests or competitiveness of the United 
     States.
       (d) Applicability.--This section applies with respect to 
     the transfer on or after the date of the enactment of this 
     Act of any proprietary technology or intellectual property 
     developed before, on, or after such date of enactment.
       (e) Regulations.--The Secretary of Commerce, in 
     consultation with other relevant Federal agencies, shall 
     prescribe such regulations as may be necessary to carry out 
     this section.
       (f) United States Commercial Entity Defined.--In this 
     section, the term ``United States commercial entity'' means a 
     commercial entity organized under the laws of the United 
     States or any jurisdiction within the United States.
                                 ______
                                 
  SA 694. Mr. REID proposed an amendment to the bill S. 1619, to 
provide for identification of misaligned currency, require action to 
correct the misalignment, and for other purposes; as follows:

       At the end, add the following new section:

     SECTION __. EFFECTIVE DATE.

       The provisions of this Act shall become effective 3 days 
     after enactment.
                                 ______
                                 
  SA 695. Mr. REID proposed an amendment to amendment SA 694 proposed 
by Mr. Reid to the bill S. 1619, to provide for identification of 
misaligned currency, require action to correct the misalignment, and 
for other purposes; as follows:

       In the amendment, strike ``3 days'', insert ``2 days''.
                                 ______
                                 
  SA 696. Mr. REID proposed an amendment to the bill S. 1619, to 
provide for identification of misaligned currency, require action to 
correct the misalignment, and for other purposes; as follows:

       At the end, add the following new section:

     SECTION __. EFFECTIVE DATE.

       The provisions of this Act shall become effective 6 days 
     after enactment.
                                 ______
                                 
  SA 697. Mr. REID proposed an amendment to amendment SA 696 proposed 
by Mr. Reid to the bill S. 1619, to provide for identification of 
misaligned currency, require action to correct the misalignment, and 
for other purposes; as follows:

       In the amendment, strike ``6 days'' and insert ``5 days''.
                                 ______
                                 
  SA 698. Mr. REID proposed an amendment to amendment SA 697 proposed 
by Mr. Reid to the amendment SA 696 proposed by Mr. Reid to the bill S. 
1619, to provide for identification of misaligned currency, require 
action to correct the misalignment, and for other purposes; as follows:

       In the amendment, strike ``5 days'' and insert ``4 days''.
                                 ______
                                 
  SA 699. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AMENDMENTS TO THE FEDERAL RESERVE ACT.

       (a) Maintenance of Long Run Growth; Price Stability and Low 
     Inflation.--Section 2A of the Federal Reserve Act (12 U.S.C. 
     225a) is amended--
       (1) by striking ``maximum employment, stable prices,'' and 
     inserting ``long-term price stability, a low rate of 
     inflation,''; and
       (2) by at the end the following: ``The Board shall 
     establish an explicit numerical definition of the term `long-
     term price stability' and shall maintain monetary policy that 
     effectively promotes such long-term price stability.''.
       (b) Rule of Construction.--The amendments made by 
     subsection (a) shall not be

[[Page 14632]]

     construed as a limitation on the authority or responsibility 
     of the Board of Governors of the Federal Reserve System--
       (1) to provide liquidity to markets in the event of a 
     disruption that threatens the smooth functioning and 
     stability of the financial sector; or
       (2) to serve as a lender of last resort under the Federal 
     Reserve Act when the Board determines such action is 
     necessary.
       (c) Congressional Oversight.--The Board of Governors of the 
     Federal Reserve System shall, concurrent with each semiannual 
     hearing to Congress, submit a written report to the Congress 
     containing--
       (1) numerical measures to help Congress assess the extent 
     to which the Board and the Federal Open Market Committee are 
     achieving and maintaining a legitimate definition of the term 
     long-term price stability, as such term is defined or 
     modified pursuant to the second sentence of section 2A of the 
     Federal Reserve Act (as added by this Act);
       (2) a description of the intermediate variables used by the 
     Board to gauge the prospects for achieving the objective of 
     long-term price stability; and
       (3) the definition, or any modifications thereto, of the 
     term long-term price stability, as such term is defined or 
     modified pursuant to the second sentence of section 2A of the 
     Federal Reserve Act (as added by this section).
                                 ______
                                 
  SA 700. Ms. SNOWE (for herself and Mr. Coburn) submitted an amendment 
intended to be proposed by her to the bill S. 1619, to provide for 
identification of misaligned currency, require action to correct the 
misalignment, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

  TITLE __--FREEDOM FROM RESTRICTIVE EXCESSIVE EXECUTIVE DEMANDS AND 
                            ONEROUS MANDATES

     SEC. ___1. SHORT TITLE.

       This title may be cited as the ``Freedom from Restrictive 
     Excessive Executive Demands and Onerous Mandates Act of 
     2011''.

     SEC. ___2. FINDINGS.

       Congress finds the following:
       (1) A vibrant and growing small business sector is critical 
     to the recovery of the economy of the United States.
       (2) Regulations designed for application to large-scale 
     entities have been applied uniformly to small businesses and 
     other small entities, sometimes inhibiting the ability of 
     small entities to create new jobs.
       (3) Uniform Federal regulatory and reporting requirements 
     in many instances have imposed on small businesses and other 
     small entities unnecessary and disproportionately burdensome 
     demands, including legal, accounting, and consulting costs, 
     thereby threatening the viability of small entities and the 
     ability of small entities to compete and create new jobs in a 
     global marketplace.
       (4) Since 1980, Federal agencies have been required to 
     recognize and take account of the differences in the scale 
     and resources of regulated entities, but in many instances 
     have failed to do so.
       (5) In 2009, there were nearly 70,000 pages in the Federal 
     Register, and, according to research by the Office of 
     Advocacy of the Small Business Administration, the annual 
     cost of Federal regulations totals $1,750,000,000,000. Small 
     firms bear a disproportionate burden, paying approximately 36 
     percent more per employee than larger firms in annual 
     regulatory compliance costs.
       (6) All agencies in the Federal Government should fully 
     consider the costs, including indirect economic impacts and 
     the potential for job loss, of proposed rules, periodically 
     review existing regulations to determine their impact on 
     small entities, and repeal regulations that are unnecessarily 
     duplicative or have outlived their stated purpose.
       (7) It is the intention of Congress to amend chapter 6 of 
     title 5, United States Code, to ensure that all impacts, 
     including foreseeable indirect effects, of proposed and final 
     rules are considered by agencies during the rulemaking 
     process and that the agencies assess a full range of 
     alternatives that will limit adverse economic consequences, 
     enhance economic benefits, and fully address potential job 
     loss.

     SEC. ___3. INCLUDING INDIRECT ECONOMIC IMPACT IN SMALL ENTITY 
                   ANALYSES.

       Section 601 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(9) the term `economic impact' means, with respect to a 
     proposed or final rule--
       ``(A) the economic effects on small entities directly 
     regulated by the rule; and
       ``(B) the reasonably foreseeable economic effects of the 
     rule on small entities that--
       ``(i) purchase products or services from, sell products or 
     services to, or otherwise conduct business with entities 
     directly regulated by the rule;
       ``(ii) are directly regulated by other governmental 
     entities as a result of the rule; or
       ``(iii) are not directly regulated by the agency as a 
     result of the rule but are otherwise subject to other agency 
     regulations as a result of the rule.''.

     SEC. ___4. JUDICIAL REVIEW TO ALLOW SMALL ENTITIES TO 
                   CHALLENGE PROPOSED REGULATIONS.

       Section 611(a) of title 5, United States Code, is amended--
       (1) in paragraph (1), by inserting ``603,'' after ``601,'';
       (2) in paragraph (2), by inserting ``603,'' after ``601,'';
       (3) by striking paragraph (3) and inserting the following:
       ``(3) A small entity may seek such review during the 1-year 
     period beginning on the date of final agency action, except 
     that--
       ``(A) if a provision of law requires that an action 
     challenging a final agency action be commenced before the 
     expiration of 1 year, the lesser period shall apply to an 
     action for judicial review under this section; and
       ``(B) in the case of noncompliance with section 603 or 
     605(b), a small entity may seek judicial review of agency 
     compliance with such section before the close of the public 
     comment period.''; and
       (4) in paragraph (4)--
       (A) in subparagraph (A), by striking ``, and'' and 
     inserting a semicolon;
       (B) in subparagraph (B), by striking the period and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(C) issuing an injunction prohibiting an agency from 
     taking any agency action with respect to a rulemaking until 
     that agency is in compliance with the requirements of section 
     603 or 605.''.

     SEC. ___5. PERIODIC REVIEW.

       Section 610 of title 5, United States Code, is amended to 
     read as follows:

     ``Sec. 610. Periodic review of rules

       ``(a)(1) Not later than 180 days after the date of 
     enactment of the Freedom from Restrictive Excessive Executive 
     Demands and Onerous Mandates Act of 2011, each agency shall 
     establish a plan for the periodic review of--
       ``(A) each rule issued by the agency that the head of the 
     agency determines has a significant economic impact on a 
     substantial number of small entities, without regard to 
     whether the agency performed an analysis under section 604 
     with respect to the rule; and
       ``(B) any small entity compliance guide required to be 
     published by the agency under section 212 of the Small 
     Business Regulatory Enforcement Fairness Act of 1996 (5 
     U.S.C. 601 note).
       ``(2) In reviewing rules and small entity compliance guides 
     under paragraph (1), the agency shall determine whether the 
     rules and guides should--
       ``(A) be amended or rescinded, consistent with the stated 
     objectives of applicable statutes, to minimize any 
     significant adverse economic impacts on a substantial number 
     of small entities (including an estimate of any adverse 
     impacts on job creation and employment by small entities); or
       ``(B) continue in effect without change.
       ``(3) Each agency shall publish the plan established under 
     paragraph (1) in the Federal Register and on the Web site of 
     the agency.
       ``(4) An agency may amend the plan established under 
     paragraph (1) at any time by publishing the amendment in the 
     Federal Register and on the Web site of the agency.
       ``(b) Each plan established under subsection (a) shall 
     provide for--
       ``(1) the review of each rule and small entity compliance 
     guide described in subsection (a)(1) in effect on the date of 
     enactment of the Freedom from Restrictive Excessive Executive 
     Demands and Onerous Mandates Act of 2011--
       ``(A) not later than 9 years after the date of publication 
     of the plan in the Federal Register; and
       ``(B) every 9 years thereafter; and
       ``(2) the review of each rule adopted and small entity 
     compliance guide described in subsection (a)(1) that is 
     published after the date of enactment of the Freedom from 
     Restrictive Excessive Executive Demands and Onerous Mandates 
     Act of 2011--
       ``(A) not later than 9 years after the publication of the 
     final rule in the Federal Register; and
       ``(B) every 9 years thereafter.
       ``(c) In reviewing rules under the plan required under 
     subsection (a), the agency shall consider--
       ``(1) the continued need for the rule;
       ``(2) the nature of complaints received by the agency from 
     small entities concerning the rule;
       ``(3) comments by the Regulatory Enforcement Ombudsman and 
     the Chief Counsel for Advocacy of the Small Business 
     Administration;
       ``(4) the complexity of the rule;
       ``(5) the extent to which the rule overlaps, duplicates, or 
     conflicts with other Federal rules and, unless the head of 
     the agency determines it to be infeasible, State and local 
     rules;
       ``(6) the contribution of the rule to the cumulative 
     economic impact of all Federal rules on the class of small 
     entities affected by the rule, unless the head of the agency 
     determines that such a calculation cannot be made;
       ``(7) the length of time since the rule has been evaluated, 
     or the degree to which technology, economic conditions, or 
     other factors have changed in the area affected by the rule; 
     and
       ``(8) the economic impact of the rule, including--
       ``(A) the estimated number of small entities to which the 
     rule will apply;

[[Page 14633]]

       ``(B) the estimated number of small entity jobs that will 
     be lost or created due to the rule; and
       ``(C) the projected reporting, recordkeeping, and other 
     compliance requirements of the proposed rule, including--
       ``(i) an estimate of the classes of small entities that 
     will be subject to the requirement; and
       ``(ii) the type of professional skills necessary for 
     preparation of the report or record.
       ``(d)(1) Each agency shall submit an annual report 
     regarding the results of the review required under subsection 
     (a) to--
       ``(A) Congress; and
       ``(B) in the case of an agency that is not an independent 
     regulatory agency (as defined in section 3502(5) of title 
     44), the Administrator of the Office of Information and 
     Regulatory Affairs of the Office of Management and Budget.
       ``(2) Each report required under paragraph (1) shall 
     include a description of any rule or guide with respect to 
     which the agency made a determination of infeasibility under 
     paragraph (5) or (6) of subsection (c), together with a 
     detailed explanation of the reasons for the determination.
       ``(e) Each agency shall publish in the Federal Register and 
     on the Web site of the agency a list of the rules and small 
     entity compliance guides to be reviewed under the plan 
     required under subsection (a) that includes--
       ``(1) a brief description of each rule or guide;
       ``(2) for each rule, the reason why the head of the agency 
     determined that the rule has a significant economic impact on 
     a substantial number of small entities (without regard to 
     whether the agency had prepared a final regulatory 
     flexibility analysis for the rule); and
       ``(3) a request for comments from the public, the Chief 
     Counsel for Advocacy of the Small Business Administration, 
     and the Regulatory Enforcement Ombudsman concerning the 
     enforcement of the rules or publication of the guides.
       ``(f)(1) Not later than 6 months after each date described 
     in subsection (b)(1), the Inspector General for each agency 
     shall--
       ``(A) determine whether the agency has conducted the review 
     required under subsection (b) appropriately; and
       ``(B) notify the head of the agency of--
       ``(i) the results of the determination under subparagraph 
     (A); and
       ``(ii) any issues preventing the Inspector General from 
     determining that the agency has conducted the review under 
     subsection (b) appropriately.
       ``(2)(A) Not later than 6 months after the date on which 
     the head of an agency receives a notice under paragraph 
     (1)(B) that the agency has not conducted the review under 
     subsection (b) appropriately, the agency shall address the 
     issues identified in the notice.
       ``(B) Not later than 30 days after the last day of the 6-
     month period described in subparagraph (A), the Inspector 
     General for an agency that receives a notice described in 
     subparagraph (A) shall--
       ``(i) determine whether the agency has addressed the issues 
     identified in the notice; and
       ``(ii) notify Congress if the Inspector General determines 
     that the agency has not addressed the issues identified in 
     the notice; and
       ``(C) Not later than 30 days after the date on which the 
     Inspector General for an agency transmits a notice under 
     subparagraph (B)(ii), an amount equal to 1 percent of the 
     amount appropriated for the fiscal year to the appropriations 
     account of the agency that is used to pay salaries shall be 
     rescinded.
       ``(D) Nothing in this paragraph may be construed to prevent 
     Congress from acting to prevent a rescission under 
     subparagraph (C).''.

     SEC. ___6. REQUIRING SMALL BUSINESS REVIEW PANELS FOR 
                   ADDITIONAL AGENCIES.

       (a) Agencies.--Section 609 of title 5, United States Code, 
     is amended--
       (1) in subsection (b)--
       (A) by striking ``a covered agency'' the first place it 
     appears and inserting ``an agency designated under subsection 
     (d)''; and
       (B) by striking ``a covered agency'' each place it appears 
     and inserting ``the agency'';
       (2) by striking subsection (d), as amended by section 
     1100G(a) of Public Law 111-203 (124 Stat. 2112), and 
     inserting the following:
       ``(d)(1) On and after the date of enactment of the Freedom 
     from Restrictive Excessive Executive Demands and Onerous 
     Mandates Act of 2011, the Environmental Protection Agency, 
     the Occupational Safety and Health Administration of the 
     Department of Labor, and the Bureau of Consumer Financial 
     Protection shall be--
       ``(A) agencies designated under this subsection; and
       ``(B) subject to the requirements of subsection (b).
       ``(2) The Chief Counsel for Advocacy shall designate as 
     agencies that shall be subject to the requirements of 
     subsection (b) on and after the date of the designation--
       ``(A) 3 agencies for the first year after the date of 
     enactment of the Freedom from Restrictive Excessive Executive 
     Demands and Onerous Mandates Act of 2011;
       ``(B) in addition to the agencies designated under 
     subparagraph (A), 3 agencies for the second year after the 
     date of enactment of the Freedom from Restrictive Excessive 
     Executive Demands and Onerous Mandates Act of 2011; and
       ``(C) in addition to the agencies designated under 
     subparagraphs (A) and (B), 3 agencies for the third year 
     after the date of enactment of the Freedom from Restrictive 
     Excessive Executive Demands and Onerous Mandates Act of 2011.
       ``(3) The Chief Counsel for Advocacy shall designate 
     agencies under paragraph (2) based on the economic impact of 
     the rules of the agency on small entities, beginning with 
     agencies with the largest economic impact on small 
     entities.''; and
       (3) in subsection (e)(1), by striking ``the covered 
     agency'' and inserting ``the agency''.
       (b) Technical and Conforming Amendments.--
       (1) Section 603.--Section 603(d) of title 5, United States 
     Code, as added by section 1100G(b) of Public Law 111-203 (124 
     Stat. 2112), is amended--
       (A) in paragraph (1), by striking ``a covered agency, as 
     defined in section 609(d)(2)'' and inserting ``the Bureau of 
     Consumer Financial Protection''; and
       (B) in paragraph (2), by striking ``A covered agency, as 
     defined in section 609(d)(2),'' and inserting ``The Bureau of 
     Consumer Financial Protection''.
       (2) Section 604.--Section 604(a) of title 5, United States 
     Code, is amended--
       (A) by redesignating the second paragraph designated as 
     paragraph (6) (relating to covered agencies), as added by 
     section 1100G(c)(3) of Public Law 111-203 (124 Stat. 2113), 
     as paragraph (7); and
       (B) in paragraph (7), as so redesignated--
       (i) by striking ``a covered agency, as defined in section 
     609(d)(2)'' and inserting ``the Bureau of Consumer Financial 
     Protection''; and
       (ii) by striking ``the agency'' and inserting ``the 
     Bureau''.

     SEC. ___7. EXPANDING THE REGULATORY FLEXIBILITY ACT TO AGENCY 
                   GUIDANCE DOCUMENTS.

       Section 601(2) of title 5, United States Code, is amended 
     by inserting after ``public comment'' the following: ``and 
     any significant guidance document, as defined in the Office 
     of Management and Budget Final Bulletin for Agency Good 
     Guidance Procedures (72 Fed. Reg. 3432; January 25, 2007)''.

     SEC. ___8. REQUIRING THE INTERNAL REVENUE SERVICE TO CONSIDER 
                   SMALL ENTITY IMPACT.

       (a) In General.--Section 603(a) of title 5, United States 
     Code, is amended, in the fifth sentence, by striking ``but 
     only'' and all that follows through the period at the end and 
     inserting ``but only to the extent that such interpretative 
     rules, or the statutes upon which such rules are based, 
     impose on small entities a collection of information 
     requirement or a recordkeeping requirement.''.
       (b) Definitions.--Section 601 of title 5, United States 
     Code, as amended by section 3 of this title, is amended--
       (1) in paragraph (6), by striking ``and'' at the end; and
       (2) by striking paragraphs (7) and (8) and inserting the 
     following:
       ``(7) the term `collection of information' has the meaning 
     given that term in section 3502(3) of title 44;
       ``(8) the term `recordkeeping requirement' has the meaning 
     given that term in section 3502(13) of title 44; and''.

     SEC. ___9. REPORTING ON ENFORCEMENT ACTIONS RELATING TO SMALL 
                   ENTITIES.

       Section 223 of the Small Business Regulatory Enforcement 
     Fairness Act of 1996 (5 U.S.C. 601 note) is amended--
       (1) in subsection (a)--
       (A) by striking ``Each agency'' and inserting the 
     following:
       ``(1) Establishment of policy or program.--Each agency''; 
     and
       (B) by adding at the end the following:
       ``(2) Review of civil penalties.--Not later than 2 years 
     after the date of enactment of the Freedom from Restrictive 
     Excessive Executive Demands and Onerous Mandates Act of 2011, 
     and every 2 years thereafter, each agency regulating the 
     activities of small entities shall review the civil penalties 
     imposed by the agency for violations of a statutory or 
     regulatory requirement by a small entity to determine whether 
     a reduction or waiver of the civil penalties is 
     appropriate.''; and
       (2) in subsection (c)--
       (A) by striking ``Agencies shall report'' and all that 
     follows through ``the scope'' and inserting ``Not later than 
     2 years after the date of enactment of the Freedom from 
     Restrictive Excessive Executive Demands and Onerous Mandates 
     Act of 2011, and every 2 years thereafter, each agency shall 
     submit to the Committee on Small Business and 
     Entrepreneurship and the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on Small 
     Business and the Committee on the Judiciary of the House of 
     Representatives a report discussing the scope''; and
       (B) by striking ``and the total amount of penalty 
     reductions and waivers'' and inserting ``the total amount of 
     penalty reductions

[[Page 14634]]

     and waivers, and the results of the most recent review under 
     subsection (a)(2)''.

     SEC. ___10. REQUIRING MORE DETAILED SMALL ENTITY ANALYSES.

       (a) Initial Regulatory Flexibility Analysis.--Section 603 
     of title 5, United States Code, as amended by section 
     1100G(b) of Public Law 111-203 (124 Stat. 2112), is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Each initial regulatory flexibility analysis required 
     under this section shall contain a detailed statement--
       ``(1) describing the reasons why action by the agency is 
     being considered;
       ``(2) describing the objectives of, and legal basis for, 
     the proposed rule;
       ``(3) estimating the number and type of small entities to 
     which the proposed rule will apply;
       ``(4) describing the projected reporting, recordkeeping, 
     and other compliance requirements of the proposed rule, 
     including an estimate of the classes of small entities which 
     will be subject to the requirement and the type of 
     professional skills necessary for preparation of the report 
     and record;
       ``(5) describing all relevant Federal rules which may 
     duplicate, overlap, or conflict with the proposed rule, or 
     the reasons why such a description could not be provided; and
       ``(6) estimating the additional cumulative economic impact 
     of the proposed rule on small entities, including job loss by 
     small entities, beyond that already imposed on the class of 
     small entities by the agency, or the reasons why such an 
     estimate is not available.''; and
       (2) by adding at the end the following:
       ``(e) An agency shall notify the Chief Counsel for Advocacy 
     of the Small Business Administration of any draft rules that 
     may have a significant economic impact on a substantial 
     number of small entities--
       ``(1) when the agency submits a draft rule to the Office of 
     Information and Regulatory Affairs of the Office of 
     Management and Budget under Executive Order 12866, if that 
     order requires the submission; or
       ``(2) if no submission to the Office of Information and 
     Regulatory Affairs is required--
       ``(A) a reasonable period before publication of the rule by 
     the agency; and
       ``(B) in any event, not later than 3 months before the date 
     on which the agency publishes the rule.''.
       (b) Final Regulatory Flexibility Analysis.--
       (1) In general.--Section 604(a) of title 5, United States 
     Code, is amended--
       (A) by inserting ``detailed'' before ``description'' each 
     place it appears;
       (B) in paragraph (2)--
       (i) by inserting ``detailed'' before ``statement'' each 
     place it appears; and
       (ii) by inserting ``(or certification of the proposed rule 
     under section 605(b))'' after ``initial regulatory 
     flexibility analysis'';
       (C) in paragraph (4), by striking ``an explanation'' and 
     inserting ``a detailed explanation''; and
       (D) in paragraph (6) (relating to a description of steps 
     taken to minimize significant economic impact), as added by 
     section 1601 of the Small Business Jobs Act of 2010 (Public 
     Law 111-240; 124 Stat. 2251), by inserting ``detailed'' 
     before ``statement''.
       (2) Publication of analysis on web site, etc.--Section 
     604(b) of title 5, United States Code, is amended to read as 
     follows:
       ``(b) The agency shall--
       ``(1) make copies of the final regulatory flexibility 
     analysis available to the public, including by publishing the 
     entire final regulatory flexibility analysis on the Web site 
     of the agency; and
       ``(2) publish in the Federal Register the final regulatory 
     flexibility analysis, or a summary of the analysis that 
     includes the telephone number, mailing address, and address 
     of the Web site where the complete final regulatory 
     flexibility analysis may be obtained.''.
       (c) Cross-References to Other Analyses.--Section 605(a) of 
     title 5, United States Code, is amended to read as follows:
       ``(a) A Federal agency shall be deemed to have satisfied a 
     requirement regarding the content of a regulatory flexibility 
     agenda or regulatory flexibility analysis under section 602, 
     603, or 604, if the Federal agency provides in the agenda or 
     regulatory flexibility analysis a cross-reference to the 
     specific portion of an agenda or analysis that is required by 
     another law and that satisfies the requirement under section 
     602, 603, or 604.''.
       (d) Certifications.--Section 605(b) of title 5, United 
     States Code, is amended, in the second sentence, by striking 
     ``statement providing the factual'' and inserting ``detailed 
     statement providing the factual and legal''.
       (e) Quantification Requirements.--Section 607 of title 5, 
     United States Code, is amended to read as follows:

     ``Sec. 607. Quantification requirements

       ``In complying with sections 603 and 604, an agency shall 
     provide--
       ``(1) a quantifiable or numerical description of the 
     effects of the proposed or final rule, including an estimate 
     of the potential for job loss, and alternatives to the 
     proposed or final rule; or
       ``(2) a more general descriptive statement regarding the 
     potential for job loss and a detailed statement explaining 
     why quantification under paragraph (1) is not practicable or 
     reliable.''.

     SEC. ___11. ENSURING THAT AGENCIES CONSIDER SMALL ENTITY 
                   IMPACT DURING THE RULEMAKING PROCESS.

       Section 605(b) of title 5, United States Code, is amended--
       (1) by inserting ``(1)'' after ``(b)''; and
       (2) by adding at the end the following:
       ``(2) If, after publication of the certification required 
     under paragraph (1), the head of the agency determines that 
     there will be a significant economic impact on a substantial 
     number of small entities, the agency shall comply with the 
     requirements of section 603 before the publication of the 
     final rule, by--
       ``(A) publishing an initial regulatory flexibility analysis 
     for public comment; or
       ``(B) re-proposing the rule with an initial regulatory 
     flexibility analysis.
       ``(3) The head of an agency may not make a certification 
     relating to a rule under this subsection, unless the head of 
     the agency has determined--
       ``(A) the average cost of the rule for small entities 
     affected or reasonably presumed to be affected by the rule;
       ``(B) the number of small entities affected or reasonably 
     presumed to be affected by the rule; and
       ``(C) the number of affected small entities for which that 
     cost will be significant.
       ``(4) Before publishing a certification and a statement 
     providing the factual basis for the certification under 
     paragraph (1), the head of an agency shall--
       ``(A) transmit a copy of the certification and statement to 
     the Chief Counsel for Advocacy of the Small Business 
     Administration; and
       ``(B) consult with the Chief Counsel for Advocacy of the 
     Small Business Administration on the accuracy of the 
     certification and statement.''.

     SEC. ___12. ADDITIONAL POWERS OF THE OFFICE OF ADVOCACY.

       Section 203 of Public Law 94-305 (15 U.S.C. 634c) is 
     amended--
       (1) in paragraph (5), by striking ``and'' at the end;
       (2) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (3) by inserting after paragraph (6) the following:
       ``(7) at the discretion of the Chief Counsel for Advocacy, 
     comment on regulatory action by an agency that affects small 
     businesses, without regard to whether the agency is required 
     to file a notice of proposed rulemaking under section 553 of 
     title 5, United States Code, with respect to the action.''.

     SEC. ___13. FUNDING AND OFFSETS.

       (a) Authorization.--There are authorized to be appropriated 
     to the Small Business Administration, for any costs of 
     carrying out this title and the amendments made by this title 
     (including the costs of hiring additional employees)--
       (1) $1,000,000 for fiscal year 2012;
       (2) $2,000,000 for fiscal year 2013; and
       (3) $3,000,000 for fiscal year 2014.
       (b) Repeals.--In order to offset the costs of carrying out 
     this title and the amendments made by this title and to 
     reduce the Federal deficit, the following provisions of law 
     are repealed, effective on the date of enactment of this Act:
       (1) Section 21(n) of the Small Business Act (15 U.S.C. 
     648).
       (2) Section 27 of the Small Business Act (15 U.S.C. 654).
       (3) Section 1203(c) of the Energy Security and Efficiency 
     Act of 2007 (15 U.S.C. 657h(c)).

     SEC. ___14. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Heading.--Section 605 of title 5, United States Code, 
     is amended in the section heading by striking ``Avoidance'' 
     and all that follows and inserting the following: 
     ``Incorporations by reference and certification''.
       (b) Table of Sections.--The table of sections for chapter 6 
     of title 5, United States Code, is amended--
       (1) by striking the item relating to section 605 and 
     inserting the following:

       ``605. Incorporations by reference and certifications.'';

     and
       (2) by striking the item relating to section 607 inserting 
     the following:

       ``607. Quantification requirements.''.
                                 ______
                                 
  SA 701. Mr. ROBERTS submitted an amendment intended to be proposed by 
him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 33, after line 5, insert the following:

     SEC. 16. REPEAL OF UNEARNED INCOME MEDICARE CONTRIBUTION TAX.

       Subsection (a) of section 1402 of the Health Care and 
     Education Reconciliation Act of 2010, and the amendments made 
     thereby, are hereby repealed; and the Internal Revenue Code 
     of 1986 shall be applied as if such subsection and amendments 
     had never been enacted.
                                 ______
                                 
  SA 702. Mr. ROBERTS submitted an amendment intended to be proposed by

[[Page 14635]]

him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROTECTION OF AMERICAN JOBS.

       Notwithstanding any other provision of law, no Federal 
     funds shall be used by the Centers for Medicare & Medicaid 
     Services to implement or enforce any regulation promulgated 
     pursuant to the Patient Protection and Affordable Care Act 
     until such time as the Office of the Actuary of such 
     Centers--
       (1) publishes an analysis of the impact that such 
     regulation would have on health care premiums in the 
     individual and group markets; and
       (2) estimates, based on the analysis published under 
     paragraph (1), that the implementation of such regulation 
     will not result in an increase in individual or group market 
     premiums in excess of 5 percent.
                                 ______
                                 
  SA 703. Mr. BROWN of Massachusetts submitted an amendment intended to 
be proposed by him to the bill S. 1619, to provide for identification 
of misaligned currency, require action to correct the misalignment, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. ___. REPEAL OF IMPOSITION OF WITHHOLDING ON CERTAIN 
                   PAYMENTS MADE TO VENDORS BY GOVERNMENT 
                   ENTITIES.

       (a) In General.--The amendment made by section 511 of the 
     Tax Increase Prevention and Reconciliation Act of 2005 is 
     repealed and the Internal Revenue Code of 1986 shall be 
     applied as if such amendment had never been enacted.
       (b) Rescission of Unspent Federal Funds to Offset Loss in 
     Revenues.--
       (1) In general.--Notwithstanding any other provision of 
     law, of all available unobligated funds, $30,000,000,000 in 
     appropriated discretionary funds are hereby permanently 
     rescinded.
       (2) Implementation.--The Director of the Office of 
     Management and Budget shall determine and identify from which 
     appropriation accounts the rescission under paragraph (1) 
     shall apply and the amount of such rescission that shall 
     apply to each such account. Not later than 60 days after the 
     date of the enactment of this Act, the Director of the Office 
     of Management and Budget shall submit a report to the 
     Secretary of the Treasury and Congress of the accounts and 
     amounts determined and identified for rescission under the 
     preceding sentence.
       (3) Exception.--This subsection shall not apply to the 
     unobligated funds of the Department of Defense or the 
     Department of Veterans Affairs.
                                 ______
                                 
  SA 704. Ms. STABENOW (for herself and Mr. Graham) submitted an 
amendment intended to be proposed by her to the bill S. 1619, to 
provide for identification of misaligned currency, require action to 
correct the misalignment, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end, add the following:

     SEC. __. CHIEF TRADE ENFORCEMENT OFFICER.

       (a) Establishment of Position.--Section 141(b)(2) of the 
     Trade Act of 1974 (19 U.S.C. 2171(b)(2)) is amended to read 
     as follows:
       ``(2) There shall be in the Office 3 Deputy United States 
     Trade Representatives, 1 Chief Agricultural Negotiator, and 1 
     Chief Trade Enforcement Officer who shall all be appointed by 
     the President, by and with the advice and consent of the 
     Senate. As an exercise of the rulemaking power of the Senate, 
     any nomination of a Deputy United States Trade 
     Representative, the Chief Agricultural Negotiator, or the 
     Chief Trade Enforcement Officer submitted to the Senate for 
     its advice and consent, and referred to a committee, shall be 
     referred to the Committee on Finance. Each Deputy United 
     States Trade Representative, the Chief Agricultural 
     Negotiator, and the Chief Trade Enforcement Officer shall 
     hold office at the pleasure of the President and shall have 
     the rank of Ambassador.''.
       (b) Functions of Position.--Section 141(c) of the Trade Act 
     of 1974 (19 U.S.C. 2171(c)) is amended by adding at the end 
     the following new paragraph:
       ``(6) The principal function of the Chief Trade Enforcement 
     Officer shall be to ensure that United States trading 
     partners comply with trade agreements to which the United 
     States is a party. The Chief Trade Enforcement Officer shall 
     assist the United States Trade Representative in 
     investigating and prosecuting disputes pursuant to trade 
     agreements to which the United States is a party, including 
     before the World Trade Organization, and shall assist the 
     United States Trade Representative in carrying out the Trade 
     Representative's functions under subsection (d). The Chief 
     Trade Enforcement Officer shall make recommendations with 
     respect to the administration of United States trade laws 
     relating to foreign government barriers to United States 
     goods, services, investment, and intellectual property, and 
     with respect to government procurement and other trade 
     matters. The Chief Trade Enforcement Officer shall perform 
     such other functions as the United States Trade 
     Representative may direct.''.
       (c) Compensation.--Section 5314 of title 5, United States 
     Code, is amended by inserting after ``Chief Agricultural 
     Negotiator.'' the following:
       ``Chief Trade Enforcement Officer.''.
       (d) Technical Amendments.--Section 141(e) of the Trade Act 
     of 1974 (19 U.S.C. 2171(e)) is amended--
       (1) in paragraph (1), by striking ``5314'' and inserting 
     ``5315''; and
       (2) in paragraph (2), by striking ``the maximum rate of pay 
     for grade GS-18 as provided in section 5332'' and inserting 
     ``the maximum rate of pay for level IV of the Executive 
     Schedule in section 5315''.
                                 ______
                                 
  SA 705. Mr. UDALL of Colorado submitted an amendment intended to be 
proposed by him to the bill S. 1619, to provide for identification of 
misaligned currency, require action to correct the misalignment, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

               TITLE __--CRITICAL MINERALS AND MATERIALS

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Critical Minerals and 
     Materials Promotion Act of 2011''.

     SEC. __02. DEFINITION OF CRITICAL MINERALS AND MATERIALS.

       In this title:
       (1) In general.--The term ``critical minerals and 
     materials'' means naturally occurring, nonliving, nonfuel 
     substances with a definite chemical composition--
       (A) that perform an essential function for which no 
     satisfactory substitutes exist; and
       (B) the supply of which has a high probability of becoming 
     restricted, leading to physical unavailability or excessive 
     costs for the applicable minerals and materials in key 
     applications.
       (2) Exclusions.--The term ``critical minerals and 
     materials'' does not include ice, water, or snow.

     SEC. __03. PROGRAM TO DETERMINE PRESENCE OF AND FUTURE NEEDS 
                   FOR CRITICAL MINERALS AND MATERIALS.

       (a) In General.--The Secretary of the Interior, acting 
     through the United States Geological Survey, shall establish 
     a research and development program--
       (1) to provide data and scientific analyses for research 
     on, and assessments of the potential for, undiscovered and 
     discovered resources of critical minerals and materials in 
     the United States and other countries; and
       (2) to analyze and assess current and future critical 
     minerals and materials supply chains--
       (A) with advice from the Energy Information Administration 
     on future energy technology market penetration; and
       (B) using the Mineral Commodity Summaries produced by the 
     United States Geological Survey.
       (b) Global Supply Chain.--The Secretary shall, if 
     appropriate, cooperate with international partners to ensure 
     that the program established under subsection (a) provides 
     analyses of the global supply chain of critical minerals and 
     materials.

     SEC. __04. PROGRAM TO STRENGTHEN THE DOMESTIC CRITICAL 
                   MINERALS AND MATERIALS SUPPLY CHAIN FOR CLEAN 
                   ENERGY TECHNOLOGIES.

       The Secretary of Energy shall conduct a program of 
     research, development, and demonstration to strengthen the 
     domestic critical minerals and materials supply chain for 
     clean energy technologies and to ensure the long-term, 
     secure, and sustainable supply of critical minerals and 
     materials sufficient to strengthen the national security of 
     the United States and meet the clean energy production needs 
     of the United States, including--
       (1) critical minerals and materials production, processing, 
     and refining;
       (2) minimization of critical minerals and materials in 
     energy technologies;
       (3) recycling of critical minerals and materials; and
       (4) substitutes for critical minerals and materials in 
     energy technologies.

     SEC. __05. STRENGTHENING EDUCATION AND TRAINING IN MINERAL 
                   AND MATERIAL SCIENCE AND ENGINEERING FOR 
                   CRITICAL MINERALS AND MATERIALS PRODUCTION.

       (a) In General.--The Secretary of Energy shall promote the 
     development of the critical minerals and materials industry 
     workforce in the United States.
       (b) Support.--In carrying out subsection (a), the Secretary 
     shall support--
       (1) critical minerals and materials education by providing 
     undergraduate and graduate scholarships and fellowships at 
     institutions of higher education, including technical and 
     community colleges;
       (2) partnerships between industry and institutions of 
     higher education, including

[[Page 14636]]

     technical and community colleges, to provide onsite job 
     training; and
       (3) development of courses and curricula on critical 
     minerals and materials.

     SEC. __06. SUPPLY OF CRITICAL MINERALS AND MATERIALS.

       (a) Policy.--It is the policy of the United States to 
     promote an adequate and stable supply of critical minerals 
     and materials necessary to maintain national security, 
     economic well-being, and industrial production with 
     appropriate attention to a long-term balance between resource 
     production, energy use, a healthy environment, natural 
     resources conservation, and social needs.
       (b) Implementation.--To implement the policy described in 
     subsection (a), the President, acting through the Executive 
     Office of the President, shall--
       (1) coordinate the actions of applicable Federal agencies;
       (2) identify critical minerals and materials needs and 
     establish early warning systems for critical minerals and 
     materials supply problems;
       (3) establish a mechanism for the coordination and 
     evaluation of Federal critical minerals and materials 
     programs, including programs involving research and 
     development, in a manner that complements related efforts 
     carried out by the private sector and other domestic and 
     international agencies and organizations;
       (4) promote and encourage private enterprise in the 
     development of economically sound and stable domestic 
     critical minerals and materials supply chains;
       (5) promote and encourage the recycling of critical 
     minerals and materials, taking into account the logistics, 
     economic viability, environmental sustainability, and 
     research and development needs for completing the recycling 
     process;
       (6) assess the need for and make recommendations concerning 
     the availability and adequacy of the supply of technically 
     trained personnel necessary for critical minerals and 
     materials research, development, extraction, and industrial 
     practice, with a particular focus on the problem of 
     attracting and maintaining high-quality professionals for 
     maintaining an adequate supply of critical minerals and 
     materials; and
       (7) report to Congress on activities and findings under 
     this subsection.
                                 ______
                                 
  SA 706. Mr. BROWN of Massachusetts submitted an amendment intended to 
be proposed by him to the bill S. 1619, to provide for identification 
of misaligned currency, require action to correct the misalignment, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 16. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON THE 
                   TRANSFER TO ENTITIES IN THE PEOPLE'S REPUBLIC 
                   OF CHINA OF TECHNOLOGY DEVELOPED USING FUNDS 
                   PROVIDED BY THE UNITED STATES GOVERNMENT.

       (a) In General.--Not later than March 30, 2012, the 
     Comptroller General of the United States shall submit to 
     Congress a report on the transfer by United States persons of 
     technology developed using grants, loans, or other financial 
     assistance provided by the United States Government to 
     entities in the People's Republic of China or entities owned 
     or controlled by the Government of China that includes an 
     assessment of the following:
       (1) The degree to which the United States Government has 
     expressly or tacitly acquiesced to the transfer of such 
     technology to such entities.
       (2) The strategic benefit to the Government of China and to 
     industries in China of obtaining such technology.
       (3) The extent to which there is a concerted effort by the 
     Government of China to obtain certain types of technology 
     from United States persons.
       (4) Any instances of the transfer of technology to entities 
     in China or entities owned or controlled by the Government of 
     China that are of national security concern to the United 
     States Government.
       (5) The degree to which the transfer of technology to such 
     an entity by a United States person has caused other United 
     States persons to need to compete against other such 
     entities.
       (6) Any instances of the transfer of technology that have 
     enabled such entities to advance beyond the technological 
     capabilities of industries in the United States or to make 
     significant gains in technological development relative to 
     the technological capabilities of such industries.
       (7) The cost to United States taxpayers of research that--
       (A) has been carried out using grants, loans, or other 
     financial assistance provided by the United States 
     Government; and
       (B) has resulted in technology that has been transferred to 
     an entity in China or an entity owned or controlled by the 
     Government of China.
       (8) Any other notable instances of transfer of technology 
     to such entities that are a cause for concern for the United 
     States Government or the global technological leadership of 
     the United States.
       (b) United States Person Defined.--In this section, the 
     term ``United States person'' means--
       (1) an individual who is a citizen of the United States or 
     an alien lawfully admitted for permanent residence to the 
     United States; or
       (2) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States.
                                 ______
                                 
  SA 707. Mr. BROWN of Massachusetts submitted an amendment intended to 
be proposed by him to the bill S. 1619, to provide for identification 
of misaligned currency, require action to correct the misalignment, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 16. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON THE 
                   TRANSFER TO ENTITIES IN THE PEOPLE'S REPUBLIC 
                   OF CHINA OF TECHNOLOGY DEVELOPED USING FUNDS 
                   PROVIDED BY THE UNITED STATES GOVERNMENT.

       (a) In General.--Not later than March 30, 2012, the 
     Comptroller General of the United States shall submit to 
     Congress a report on the transfer by United States persons of 
     technology developed using grants, loans, or other financial 
     assistance provided by the United States Government to 
     entities in the People's Republic of China or entities owned 
     or controlled by the Government of China that includes an 
     assessment of the following:
       (1) The degree to which the United States Government has 
     expressly or tacitly acquiesced to the transfer of such 
     technology to such entities.
       (2) The strategic benefit to the Government of China and to 
     industries in China of obtaining such technology.
       (3) The extent to which there is a concerted effort by the 
     Government of China to obtain certain types of technology 
     from United States persons.
       (4) Any instances of the transfer of technology to entities 
     in China or entities owned or controlled by the Government of 
     China that are of national security concern to the United 
     States Government.
       (5) The degree to which the transfer of technology to such 
     an entity by a United States person has caused other United 
     States persons to need to compete against other such 
     entities.
       (6) Any instances of the transfer of technology that have 
     enabled such entities to advance beyond the technological 
     capabilities of industries in the United States or to make 
     significant gains in technological development relative to 
     the technological capabilities of such industries.
       (7) The cost to United States taxpayers of research that--
       (A) has been carried out using grants, loans, or other 
     financial assistance provided by the United States 
     Government; and
       (B) has resulted in technology that has been transferred to 
     an entity in China or an entity owned or controlled by the 
     Government of China.
       (8) Any other notable instances of transfer of technology 
     to such entities that are a cause for concern for the United 
     States Government or the global technological leadership of 
     the United States.
       (b) United States Person Defined.--In this section, the 
     term ``United States person'' means--
       (1) an individual who is a citizen of the United States or 
     an alien lawfully admitted for permanent residence to the 
     United States; or
       (2) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States.
                                 ______
                                 
  SA 708. Mr. BROWN of Massachusetts submitted an amendment intended to 
be proposed by him to the bill S. 1619, to provide for identification 
of misaligned currency, require action to correct the misalignment, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 16. IMPROVING ACCESS TO INTERNATIONAL MARKETS.

       There are authorized to be appropriated to the United 
     States Trade Representative $2,000,000 for each of the fiscal 
     years 2012 through 2014 to initiate any proceeding to resolve 
     a dispute relating to a barrier to market access with a 
     country--
       (1) that is a WTO member (as that term is defined in 
     section 2(10) of the Uruguay Round Agreements Act (19 U.S.C. 
     3501(10))); or
       (2) with which the United States has a free trade agreement 
     in effect.
                                 ______
                                 
  SA 709. Mr. BROWN of Massachusetts submitted an amendment intended to 
be proposed by him to the bill S. 1619, to provide for identification 
of misaligned currency, require action to correct the misalignment, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 16. IMPROVING ACCESS TO INTERNATIONAL MARKETS.

       There are authorized to be appropriated to the United 
     States Trade Representative $2,000,000 for each of the fiscal 
     years 2012 through 2014 to initiate any proceeding to resolve 
     a dispute relating to a barrier to market access with a 
     country--

[[Page 14637]]

       (1) that is a WTO member (as that term is defined in 
     section 2(10) of the Uruguay Round Agreements Act (19 U.S.C. 
     3501(10))); or
       (2) with which the United States has a free trade agreement 
     in effect.
                                 ______
                                 
  SA 710. Mr. BROWN of Massachusetts submitted an amendment intended to 
be proposed by him to the bill S. 1619, to provide for identification 
of misaligned currency, require action to correct the misalignment, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 16. INCLUSION OF EXPEDITED DISPUTE SETTLEMENT PROCESS 
                   WITH RESPECT TO NONTARIFF BARRIERS IN THE 
                   TRANS-PACIFIC PARTNERSHIP AGREEMENT.

       (a) In General.--In negotiations with respect to the Trans-
     Pacific Partnership Agreement, it shall be a negotiating 
     objective of the United States to include in the Agreement a 
     process for settling disputes with respect to nontariff 
     barriers on an expedited basis.
       (b) Consultations.--The United States Trade Representative 
     shall consult with small- and medium-sized businesses in the 
     United States and other interested parties in determining how 
     to make the expedited dispute settlement process described in 
     subsection (a) most effective.
                                 ______
                                 
  SA 711. Mr. BROWN of Massachusetts submitted an amendment intended to 
be proposed by him to the bill S. 1619, to provide for identification 
of misaligned currency, require action to correct the misalignment, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 16. INCLUSION OF EXPEDITED DISPUTE SETTLEMENT PROCESS 
                   WITH RESPECT TO NONTARIFF BARRIERS IN THE 
                   TRANS-PACIFIC PARTNERSHIP AGREEMENT.

       (a) In General.--In negotiations with respect to the Trans-
     Pacific Partnership Agreement, it shall be a negotiating 
     objective of the United States to include in the Agreement a 
     process for settling disputes with respect to nontariff 
     barriers on an expedited basis.
       (b) Consultations.--The United States Trade Representative 
     shall consult with small- and medium-sized businesses in the 
     United States and other interested parties in determining how 
     to make the expedited dispute settlement process described in 
     subsection (a) most effective.
                                 ______
                                 
  SA 712. Mr. SHELBY (for himself, Mr. Crapo, Mr. Corker, Mr. DeMint, 
Mr. Vitter, Mr. Johanns, Mr. Toomey, Mr. Kirk, Mr. Moran, and Mr. 
Wicker) submitted an amendment intended to be proposed by him to the 
bill S. 1619, to provide for identification of misaligned currency, 
require action to correct the misalignment, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

             TITLE II--FINANCIAL REGULATORY RESPONSIBILITY

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Financial Regulatory 
     Responsibility Act of 2011''.

     SEC. 202. DEFINITIONS.

       As used in this title--
       (1) the term ``agency'' means the Board of Governors of the 
     Federal Reserve System, the Bureau of Consumer Financial 
     Protection, the Commodity Futures Trading Commission, the 
     Federal Deposit Insurance Corporation, the Federal Housing 
     Finance Agency, the Financial Stability Oversight Council, 
     the Office of the Comptroller of the Currency, the Office of 
     Financial Research, the National Credit Union Administration, 
     and the Securities and Exchange Commission;
       (2) the term ``chief economist'' means--
       (A) with respect to the Board of Governors of the Federal 
     Reserve System, the Director of the Division of Research and 
     Statistics, or an employee of the agency with comparable 
     authority;
       (B) with respect to the Bureau of Consumer Financial 
     Protection, the Assistant Director for Research, or an 
     employee of the agency with comparable authority;
       (C) with respect to the Commodity Futures Trading 
     Commission, the Chief Economist, or an employee of the agency 
     with comparable authority;
       (D) with respect to the Federal Deposit Insurance 
     Corporation, the Director of the Division of Insurance and 
     Research, or an employee of the agency with comparable 
     authority;
       (E) with respect to the Federal Housing Finance Agency, the 
     Chief Economist, or an employee of the agency with comparable 
     authority;
       (F) with respect to the Financial Stability Oversight 
     Council, the Chief Economist, or an employee of the agency 
     with comparable authority;
       (G) with respect to the Office of the Comptroller of the 
     Currency, the Director for Policy Analysis, or an employee of 
     the agency with comparable authority;
       (H) with respect to the Office of Financial Research, the 
     Director, or an employee of the agency with comparable 
     authority;
       (I) with respect to the National Credit Union 
     Administration, the Chief Economist, or an employee of the 
     agency with comparable authority; and
       (J) with respect to the Securities and Exchange Commission, 
     the Director of the Division of Risk, Strategy, and Financial 
     Innovation, or an employee of the agency with comparable 
     authority;
       (3) the term ``Council'' means the Chief Economists Council 
     established under section 209; and
       (4) the term ``regulation''--
       (A) means an agency statement of general applicability and 
     future effect that is designed to implement, interpret, or 
     prescribe law or policy or to describe the procedure or 
     practice requirements of an agency, including rules, orders 
     of general applicability, interpretive releases, and other 
     statements of general applicability that the agency intends 
     to have the force and effect of law;
       (B) does not include--
       (i) a regulation issued in accordance with the formal 
     rulemaking provisions of section 556 or 557 of title 5, 
     United States Code;
       (ii) a regulation that is limited to agency organization, 
     management, or personnel matters;
       (iii) a regulation promulgated pursuant to statutory 
     authority that expressly prohibits compliance with this 
     provision;
       (iv) a regulation that is certified by the agency to be an 
     emergency action, if such certification is published in the 
     Federal Register; or
       (v) a regulation that is promulgated by the Board of 
     Governors of the Federal Reserve System or the Federal Open 
     Market Committee under section 10A, 10B, 13, 13A, or 19 of 
     the Federal Reserve Act, or any of subsections (a) through 
     (f) of section 14 of that Act.

     SEC. 203. REQUIRED REGULATORY ANALYSIS.

       (a) Requirements for Notices of Proposed Rulemaking.--An 
     agency may not issue a notice of proposed rulemaking unless 
     the agency includes in the notice of proposed rulemaking an 
     analysis that contains, at a minimum, with respect to each 
     regulation that is being proposed--
       (1) an identification of the need for the regulation and 
     the regulatory objective, including identification of the 
     nature and significance of the market failure, regulatory 
     failure, or other problem that necessitates the regulation;
       (2) an explanation of why the private market or State, 
     local, or tribal authorities cannot adequately address the 
     identified market failure or other problem;
       (3) an analysis of the adverse impacts to regulated 
     entities, other market participants, economic activity, or 
     agency effectiveness that are engendered by the regulation 
     and the magnitude of such adverse impacts;
       (4) a quantitative and qualitative assessment of all 
     anticipated direct and indirect costs and benefits of the 
     regulation (as compared to a benchmark that assumes the 
     absence of the regulation), including--
       (A) compliance costs;
       (B) effects on economic activity, net job creation 
     (excluding jobs related to ensuring compliance with the 
     regulation), efficiency, competition, and capital formation;
       (C) regulatory administrative costs; and
       (D) costs imposed by the regulation on State, local, or 
     tribal governments or other regulatory authorities;
       (5) if quantified benefits do not outweigh quantitative 
     costs, a justification for the regulation;
       (6) identification and assessment of all available 
     alternatives to the regulation, including modification of an 
     existing regulation or statute, together with--
       (A) an explanation of why the regulation meets the 
     objectives of the regulation more effectively than the 
     alternatives, and if the agency is proposing multiple 
     alternatives, an explanation of why a notice of proposed 
     rulemaking, rather than an advanced notice of proposed 
     rulemaking, is appropriate; and
       (B) if the regulation is not a pilot program, an 
     explanation of why a pilot program is not appropriate;
       (7) if the regulation specifies the behavior or manner of 
     compliance, an explanation of why the agency did not instead 
     specify performance objectives;
       (8) an assessment of how the burden imposed by the 
     regulation will be distributed among market participants, 
     including whether consumers, investors, or small businesses 
     will be disproportionately burdened;
       (9) an assessment of the extent to which the regulation is 
     inconsistent, incompatible, or duplicative with the existing 
     regulations of the agency or those of other domestic and 
     international regulatory authorities with overlapping 
     jurisdiction;
       (10) a description of any studies, surveys, or other data 
     relied upon in preparing the analysis;
       (11) an assessment of the degree to which the key 
     assumptions underlying the analysis are subject to 
     uncertainty; and
       (12) an explanation of predicted changes in market 
     structure and infrastructure and in behavior by market 
     participants, including

[[Page 14638]]

     consumers and investors, assuming that they will pursue their 
     economic interests.
       (b) Requirements for Notices of Final Rulemaking.--
       (1) In general.--Notwithstanding any other provision of 
     law, an agency may not issue a notice of final rulemaking 
     with respect to a regulation unless the agency--
       (A) has issued a notice of proposed rulemaking for the 
     relevant regulation;
       (B) has conducted and includes in the notice of final 
     rulemaking an analysis that contains, at a minimum, the 
     elements required under subsection (a); and
       (C) includes in the notice of final rulemaking regulatory 
     impact metrics selected by the chief economist to be used in 
     preparing the report required pursuant to section 206.
       (2) Consideration of comments.--The agency shall 
     incorporate in the elements described in paragraph (1)(B) the 
     data and analyses provided to the agency by commenters during 
     the comment period, or explain why the data or analyses are 
     not being incorporated.
       (3) Comment period.--An agency shall not publish a notice 
     of final rulemaking with respect to a regulation, unless the 
     agency--
       (A) has allowed at least 90 days from the date of 
     publication in the Federal Register of the notice of proposed 
     rulemaking for the submission of public comments; or
       (B) includes in the notice of final rulemaking an 
     explanation of why the agency was not able to provide a 90-
     day comment period.
       (4) Prohibited rules.--
       (A) In general.--An agency may not publish a notice of 
     final rulemaking if the agency, in its analysis under 
     paragraph (1)(B), determines that the quantified costs are 
     greater than the quantified benefits under subsection (a)(5).
       (B) Publication of analysis.--If the agency is precluded by 
     subparagraph (A) from publishing a notice of final 
     rulemaking, the agency shall publish in the Federal Register 
     and on the public website of the agency its analysis under 
     paragraph (1)(B), and provide the analysis to each House of 
     Congress.
       (C) Congressional waiver.--If the agency is precluded by 
     subparagraph (A) from publishing a notice of final 
     rulemaking, Congress, by joint resolution pursuant to the 
     procedures set forth for joint resolutions in section 802 of 
     title 5, United States Code, may direct the agency to publish 
     a notice of final rulemaking notwithstanding the prohibition 
     contained in subparagraph (A). In applying section 802 of 
     title 5, United States Code, for purposes of this paragraph, 
     section 802(e)(2) shall not apply and the term--
       (i) ``joint resolution'' or ``joint resolution described in 
     subsection (a)'' means only a joint resolution introduced 
     during the period beginning on the submission or publication 
     date and ending 60 days thereafter (excluding days either 
     House of Congress is adjourned for more than 3 days during a 
     session of Congress), the matter after the resolving clause 
     of which is as follows: ``That Congress directs, 
     notwithstanding the prohibition contained in (3)(b)(4)(A) of 
     the Financial Regulatory Responsibility Act of 2011, the __ 
     to publish the notice of final rulemaking for the regulation 
     or regulations that were the subject of the analysis 
     submitted by the __ to Congress on __.'' (The blank spaces 
     being appropriately filled in.); and
       (ii) ``submission or publication date'' means--

       (I) the date on which the analysis under paragraph (1)(B) 
     is submitted to Congress under paragraph (4)(B); or
       (II) if the analysis is submitted to Congress less than 60 
     session days or 60 legislative days before the date on which 
     the Congress adjourns a session of Congress, the date on 
     which the same or succeeding Congress first convenes its next 
     session.

     SEC. 204. RULE OF CONSTRUCTION.

       For purposes of the Paperwork Reduction Act (44 U.S.C. 3501 
     et seq.), obtaining, causing to be obtained, or soliciting 
     information for purposes of complying with section 203 with 
     respect to a proposed rulemaking shall not be construed to be 
     a collection of information, provided that the agency has 
     first issued an advanced notice of proposed rulemaking in 
     connection with the regulation, identifies that advanced 
     notice of proposed rulemaking in its solicitation of 
     information, and informs the person from whom the information 
     is obtained or solicited that the provision of information is 
     voluntary.

     SEC. 205. PUBLIC AVAILABILITY OF DATA AND REGULATORY 
                   ANALYSIS.

       (a) In General.--At or before the commencement of the 
     public comment period with respect to a regulation, the 
     agency shall make available on its public website sufficient 
     information about the data, methodologies, and assumptions 
     underlying the analyses performed pursuant to section 203 so 
     that the analytical results of the agency are capable of 
     being substantially reproduced, subject to an acceptable 
     degree of imprecision or error.
       (b) Confidentiality.--The agency shall comply with 
     subsection (a) in a manner that preserves the confidentiality 
     of nonpublic information, including confidential trade 
     secrets, confidential commercial or financial information, 
     and confidential information about positions, transactions, 
     or business practices.

     SEC. 206. FIVE-YEAR REGULATORY IMPACT ANALYSIS.

       (a) In General.--Not later than 5 years after the date of 
     publication in the Federal Register of a notice of final 
     rulemaking, the chief economist of the agency shall issue a 
     report that examines the economic impact of the subject 
     regulation, including the direct and indirect costs and 
     benefits of the regulation.
       (b) Regulatory Impact Metrics.--In preparing the report 
     required by subsection (a), the chief economist shall employ 
     the regulatory impact metrics included in the notice of final 
     rulemaking pursuant to section 203(b)(1)(C).
       (c) Reproducibility.--The report shall include the data, 
     methodologies, and assumptions underlying the evaluation so 
     that the agency's analytical results are capable of being 
     substantially reproduced, subject to an acceptable degree of 
     imprecision or error.
       (d) Confidentiality.--The agency shall comply with 
     subsection (c) in a manner that preserves the confidentiality 
     of nonpublic information, including confidential trade 
     secrets, confidential commercial or financial information, 
     and confidential information about positions, transactions, 
     or business practices.
       (e) Report.--The agency shall submit the report required by 
     subsection (a) to the Committee on Banking, Housing, and 
     Urban Affairs of the Senate and the Committee on Financial 
     Services of the House of Representatives and post it on the 
     public website of the agency. The Commodity Futures Trading 
     Commission shall also submit its report to the Committee on 
     Agriculture, Nutrition, and Forestry of the Senate and the 
     Committee on Agriculture of the House of Representatives.

     SEC. 207. RETROSPECTIVE REVIEW OF EXISTING RULES.

       (a) Regulatory Improvement Plan.--Not later than 1 year 
     after the date of enactment of this Act and every 5 years 
     thereafter, each agency shall develop, submit to the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Financial Services of the House 
     of Representatives, and post on the public website of the 
     agency a plan, consistent with law and its resources and 
     regulatory priorities, under which the agency will modify, 
     streamline, expand, or repeal existing regulations so as to 
     make the regulatory program of the agency more effective or 
     less burdensome in achieving the regulatory objectives. The 
     Commodity Futures Trading Commission shall also submit its 
     plan to the Committee on Agriculture, Nutrition, and Forestry 
     of the Senate and the Committee on Agriculture of the House 
     of Representatives.
       (b) Implementation Progress Report.--Two years after the 
     date of submission of each plan required under subsection 
     (a), each agency shall develop, submit to the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives, and post on the public website of the agency 
     a report of the steps that it has taken to implement the 
     plan, steps that remain to be taken to implement the plan, 
     and, if any parts of the plan will not be implemented, 
     reasons for not implementing those parts of the plan. The 
     Commodity Futures Trading Commission shall also submit its 
     plan to the Committee on Agriculture, Nutrition, and Forestry 
     of the Senate and the Committee on Agriculture of the House 
     of Representatives.

     SEC. 208. JUDICIAL REVIEW.

       (a) In General.--Notwithstanding any other provision of 
     law, during the period beginning on the date on which a 
     notice of final rulemaking for a regulation is published in 
     the Federal Register and ending 1 year later, a person that 
     is adversely affected or aggrieved by the regulation is 
     entitled to bring an action in the United States Court of 
     Appeals for the District of Columbia Circuit for judicial 
     review of agency compliance with the requirements of section 
     203.
       (b) Stay.--The court may stay the effective date of the 
     regulation or any provision thereof.
       (c) Relief.--If the court finds that an agency has not 
     complied with the requirements of section 203, the court 
     shall vacate the subject regulation, unless the agency shows 
     by clear and convincing evidence that vacating the regulation 
     would result in irreparable harm. Nothing in this section 
     affects other limitations on judicial review or the power or 
     duty of the court to dismiss any action or deny relief on any 
     other appropriate legal or equitable ground.

     SEC. 209. CHIEF ECONOMISTS COUNCIL.

       (a) Establishment.--There is established the Chief 
     Economists Council.
       (b) Membership.--The Council shall consist of the chief 
     economist of each agency. The members of the Council shall 
     select the first chairperson of the Council. Thereafter the 
     position of Chairperson shall rotate annually among the 
     members of the Council.
       (c) Meetings.--The Council shall meet at the call of the 
     Chairperson, but not less frequently than quarterly.
       (d) Report.--One year after the effective date of this Act 
     and annually thereafter, the Council shall prepare and submit 
     to the Committee on Banking, Housing, and Urban Affairs and 
     the Committee on Agriculture,

[[Page 14639]]

     Nutrition, and Forestry of the Senate and the Committee on 
     Financial Services and the Committee on Agriculture of the 
     House of Representatives a report on--
       (1) the benefits and costs of regulations adopted by the 
     agencies during the past 12 months;
       (2) the regulatory actions planned by the agencies for the 
     upcoming 12 months;
       (3) the cumulative effect of the existing regulations of 
     the agencies on economic activity, innovation, international 
     competitiveness of entities regulated by the agencies, and 
     net job creation (excluding jobs related to ensuring 
     compliance with the regulation);
       (4) the training and qualifications of the persons who 
     prepared the cost-benefit analyses of each agency during the 
     past 12 months;
       (5) the sufficiency of the resources available to the chief 
     economists during the past 12 months for the conduct of the 
     activities required by this Act; and
       (6) recommendations for legislative or regulatory action to 
     enhance the efficiency and effectiveness of financial 
     regulation in the United States.

     SEC. 210. CONFORMING AMENDMENTS.

       Section 15(a) of the Commodity Exchange Act (7 U.S.C. 
     19(a)) is amended--
       (1) by striking paragraph (1);
       (2) in paragraph (2), by striking (2) and all that follows 
     through ``light of--'' and inserting the following:
       ``(1) Considerations.--Before promulgating a regulation 
     under this chapter or issuing an order (except as provided in 
     paragraph (2)), the Commission shall take into 
     consideration--'';
       (3) in paragraph (1), as so redesignated--
       (A) in subparagraph (B), by striking ``futures'' and 
     inserting ``the relevant'';
       (B) in subparagraph (C), by adding ``and'' at the end;
       (C) in subparagraph (D), by striking ``and'' at the end; 
     and
       (D) by striking subparagraph (E); and
       (4) by redesignating paragraph (3) as paragraph (2).

     SEC. 211. OTHER REGULATORY ENTITIES.

       (a) Securities and Exchange Commission.--Not later than 1 
     year after the date of enactment of this Act, the Securities 
     and Exchange Commission shall provide to the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives a report setting forth a plan for subjecting 
     the Public Company Accounting Oversight Board, the Municipal 
     Securities Rulemaking Board, and any national securities 
     association registered under section 15A of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78o-4(a)) to the requirements 
     of this Act, other than direct representation on the Council.
       (b) Commodity Futures Trading Commission.--Not later than 1 
     year after the date of enactment of this Act, the Commodity 
     Futures Trading Commission shall provide to the Committee on 
     Banking, Housing, and Urban Affairs of the Senate, the 
     Committee on Financial Services of the House of 
     Representatives, the Committee on Agriculture, Nutrition, and 
     Forestry of the Senate, and the Committee on Agriculture of 
     the House of Representatives a report setting forth a plan 
     for subjecting any futures association registered under 
     section 17 of the Commodity Exchange Act (7 U.S.C. 21) to the 
     requirements of this Act, other than direct representation on 
     the Council.

     SEC. 212. AVOIDANCE OF DUPLICATIVE OR UNNECESSARY ANALYSES.

       An agency may perform the analyses required by this Act in 
     conjunction with, or as a part of, any other agenda or 
     analysis required by any other provision of law, if such 
     other analysis satisfies the provisions this Act.

     SEC. 213. SEVERABILITY.

       If any provision of this Act or the application of any 
     provision of this Act to any person or circumstance, is held 
     invalid, the application of such provision to other persons 
     or circumstances, and the remainder of this Act, shall not be 
     affected thereby.
                                 ______
                                 
  SA 713. Mr. WHITEHOUSE submitted an amendment intended to be proposed 
by him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. ___. TAXATION OF INCOME OF CONTROLLED FOREIGN 
                   CORPORATIONS ATTRIBUTABLE TO IMPORTED PROPERTY.

       (a) General Rule.--Subsection (a) of section 954 of the 
     Internal Revenue Code of 1986 is amended by striking the 
     period at the end of paragraph (5) and inserting ``, and'', 
     by redesignating paragraph (5) as paragraph (4), and by 
     adding at the end the following new paragraph:
       ``(5) imported property income for the taxable year 
     (determined under subsection (j) and reduced as provided in 
     subsection (b)(5)).''.
       (b) Definition of Imported Property Income.--Section 954 of 
     the Internal Revenue Code of 1986 is amended by adding at the 
     end the following new subsection:
       ``(j) Imported Property Income.--
       ``(1) In general.--For purposes of subsection (a)(5), the 
     term `imported property income' means income (whether in the 
     form of profits, commissions, fees, or otherwise) derived in 
     connection with--
       ``(A) manufacturing, producing, growing, or extracting 
     imported property;
       ``(B) the sale, exchange, or other disposition of imported 
     property; or
       ``(C) the lease, rental, or licensing of imported property.

     Such term shall not include any foreign oil and gas 
     extraction income (within the meaning of section 907(c)) or 
     any foreign oil related income (within the meaning of section 
     907(c)).
       ``(2) Imported property.--For purposes of this subsection--
       ``(A) In general.--Except as otherwise provided in this 
     paragraph, the term `imported property' means property which 
     is imported into the United States by the controlled foreign 
     corporation or a related person.
       ``(B) Imported property includes certain property imported 
     by unrelated persons.--The term `imported property' includes 
     any property imported into the United States by an unrelated 
     person if, when such property was sold to the unrelated 
     person by the controlled foreign corporation (or a related 
     person), it was reasonable to expect that--
       ``(i) such property would be imported into the United 
     States; or
       ``(ii) such property would be used as a component in other 
     property which would be imported into the United States.
       ``(C) Exception for property subsequently exported.--The 
     term `imported property' does not include any property which 
     is imported into the United States and which--
       ``(i) before substantial use in the United States, is sold, 
     leased, or rented by the controlled foreign corporation or a 
     related person for direct use, consumption, or disposition 
     outside the United States; or
       ``(ii) is used by the controlled foreign corporation or a 
     related person as a component in other property which is so 
     sold, leased, or rented.
       ``(D) Exception for certain agricultural commodities.--The 
     term `imported property' does not include any agricultural 
     commodity which is not grown in the United States in 
     commercially marketable quantities.
       ``(3) Definitions and special rules.--
       ``(A) Import.--For purposes of this subsection, the term 
     `import' means entering, or withdrawal from warehouse, for 
     consumption or use. Such term includes any grant of the right 
     to use intangible property (as defined in section 
     936(h)(3)(B)) in the United States.
       ``(B) United states.--For purposes of this subsection, the 
     term `United States' includes the Commonwealth of Puerto 
     Rico, the Virgin Islands of the United States, Guam, American 
     Samoa, and the Commonwealth of the Northern Mariana Islands.
       ``(C) Unrelated person.--For purposes of this subsection, 
     the term `unrelated person' means any person who is not a 
     related person with respect to the controlled foreign 
     corporation.
       ``(D) Coordination with foreign base company sales 
     income.--For purposes of this section, the term `foreign base 
     company sales income' shall not include any imported property 
     income.''.
       (c) Separate Application of Limitations on Foreign Tax 
     Credit for Imported Property Income.--
       (1) In general.--Paragraph (1) of section 904(d) of the 
     Internal Revenue Code of 1986 is amended by striking ``and'' 
     at the end of subparagraph (A), by redesignating subparagraph 
     (B) as subparagraph (C), and by inserting after subparagraph 
     (A) the following new subparagraph:
       ``(B) imported property income, and''.
       (2) Imported property income defined.--Paragraph (2) of 
     section 904(d) of such Code is amended by redesignating 
     subparagraphs (I), (J), and (K) as subparagraphs (J), (K), 
     and (L), respectively, and by inserting after subparagraph 
     (H) the following new subparagraph:
       ``(I) Imported property income.--The term `imported 
     property income' means any income received or accrued by any 
     person which is of a kind which would be imported property 
     income (as defined in section 954(j)).''.
       (3) Conforming amendment.--Clause (ii) of section 
     904(d)(2)(A) of such Code is amended by inserting ``or 
     imported property income'' after ``passive category income''.
       (d) Technical Amendments.--
       (1) Clause (iii) of section 952(c)(1)(B) of the Internal 
     Revenue Code of 1986 is amended--
       (A) by redesignating subclauses (II), (III), (IV), and (V) 
     as subclauses (III), (IV), (V), and (VI), and
       (B) by inserting after subclause (I) the following new 
     subclause:

       ``(II) imported property income,''.

       (2) The last sentence of paragraph (4) of section 954(b) of 
     such Code is amended by striking ``subsection (a)(5)'' and 
     inserting ``subsection (a)(4)''.
       (3) Paragraph (5) of section 954(b) of such Code is amended 
     by striking ``and the foreign

[[Page 14640]]

     base company oil related income'' and inserting ``the foreign 
     base company oil related income, and the imported property 
     income''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years of foreign corporations 
     beginning after the date of the enactment of this Act, and to 
     taxable years of United States shareholders within which or 
     with which such taxable years of such foreign corporations 
     end.
                                 ______
                                 
  SA 714. Mr. WYDEN (for himself and Mr. Crapo) submitted an amendment 
intended to be proposed by him to the bill S. 1619, to provide for 
identification of misaligned currency, require action to correct the 
misalignment, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

   TITLE __--DUTY-FREE TREATMENT OF CERTAIN RECREATIONAL PERFORMANCE 
                               OUTERWEAR

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``United States Optimal Use 
     of Trade to Develop Outerwear and Outdoor Recreation Act'' or 
     the ``U.S. OUTDOOR Act''.

     SEC. _02. FINDINGS.

       Congress finds the following:
       (1) The outdoor industry contributes $730,000,000,000 to 
     the United States economy annually.
       (2) Outdoor activities are vitally important to the health 
     and well-being of the people of the United States.
       (3) Duty rates on recreational performance apparel are 
     among the highest duty rates imposed by the United States 
     Government, with duties on some recreational performance 
     apparel as high as 28.2 percent.
       (4) The duties currently imposed by the United States on 
     recreational performance apparel were set in an era during 
     which high rates of duty were intended to protect the 
     production of other apparel in the United States, and before 
     the technologies and innovations that create today's 
     recreational performance apparel industry were developed.
       (5) In July 2007, the United States International Trade 
     Commission confirmed in USITC Publication 3937 that 
     recreational performance apparel produced in the United 
     States makes up less than 1 percent of the total recreational 
     performance apparel market and therefore concluded that there 
     is no commercially viable production of recreational 
     performance apparel in the United States.
       (6) On November 1, 2005, the Committee for the 
     Implementation of Textile Agreements confirmed in the Federal 
     Register that imports of certain recreational performance 
     apparel do not contribute to domestic market disruption or 
     adversely affect United States textile and apparel producers 
     (70 Fed. Reg. 65889).
       (7) The elimination of duties on the importation of certain 
     recreational performance apparel would provide an economic 
     benefit to United States consumers of outdoor products and 
     would promote increased participation in healthy and active 
     lifestyles.

     SEC. _03. KNIT APPAREL AND ACCESSORIES.

       (a) Definitions.--The Additional U.S. Note to Chapter 61 of 
     the Harmonized Tariff Schedule of the United States is 
     amended--
       (1) in the heading, by striking ``Additional U.S. Note'' 
     and inserting ``Additional U.S. Notes''; and
       (2) by adding at the end the following new notes:
       ``2.(a) For purposes of this chapter, the term 
     `recreational performance outerwear' means trousers 
     (including, but not limited to, paddling pants, ski or 
     snowboard pants, and ski or snowboard pants intended for sale 
     as parts of ski-suits), coveralls and bib overalls, and 
     jackets (including, but not limited to, full zip jackets, 
     paddling jackets, ski jackets, and ski jackets intended for 
     sale as parts of ski-suits), windbreakers, and similar 
     articles (including padded, sleeveless jackets) composed of 
     knit fabrics of cotton, wool, hemp, bamboo, silk, or manmade 
     fiber, or a combination of such fibers, that are either 
     water-resistant or visibly coated, or both, with critically 
     sealed seams, and with 5 or more of the following features:
       ``(i) Insulation for cold weather protection.
       ``(ii) Pockets, at least one of which has a zippered, hook 
     and loop, or other type of closure.
       ``(iii) Elastic, drawcord, or other means of tightening 
     around the waist or leg hems, including hidden leg sleeves 
     with a means of tightening at the ankle for trousers and 
     tightening around the waist or bottom hem for jackets.
       ``(iv) Venting, not including grommet(s).
       ``(v) Articulated elbows or knees.
       ``(vi) Reinforcement in one of the following areas: the 
     elbows, shoulders, seat, knees, ankles, or cuffs.
       ``(vii) Weatherproof closure at the waist or front.
       ``(viii) Multi-adjustable hood or adjustable collar.
       ``(ix) Adjustable powder skirt, inner protective skirt, or 
     adjustable inner protective cuff at sleeve hem.
       ``(x) Construction at the arm gusset that utilizes fabric, 
     design, or patterning to allow radial arm movement.
       ``(xi) Odor control technology.

     The term `recreational performance outerwear' does not 
     include occupational outerwear or garments with an outer 
     surface of looped pile.
       ``(b) For purposes of this Note, the following terms have 
     the following meanings:
       ``(i) The term `water-resistant' means that a garment must 
     have a water resistance (see ASTM designations D 3779-81 and 
     D 7017) such that, under a head pressure of 600 millimeters, 
     not more than 1.0 gram of water penetrates after two minutes 
     when tested in accordance with the current version of AATCC 
     Test Method 35. The water resistance of the garment is the 
     result of a rubber or plastics application to the outer 
     shell, lining, or inner lining.
       ``(ii) The term `visibly coated' refers to fabric that is 
     impregnated, coated, covered, or laminated with plastics, 
     such as fabrics described in Note 2 to chapter 59.
       ``(iii) The term `sealed seams' means seams that have been 
     covered by means of taping, gluing, bonding, cementing, 
     fusing, welding, or a similar process so that water cannot 
     pass through the seams when tested in accordance with the 
     current version of AATCC Test Method 35.
       ``(iv) The term `critically sealed seams' means--
       ``(A) for jackets, sealed seams that are sealed at the 
     front and back yokes, or at the shoulders, arm holes, or 
     both, where applicable; and
       ``(B) for trousers, sealed seams that are sealed at the 
     front (up to the zipper or other means of closure) and back 
     rise.
       ``(v) The term `insulation for cold weather protection' 
     means insulation with either synthetic fill, down, a 
     laminated thermal backing, or other lining for thermal 
     protection from cold weather.
       ``(vi) The term `venting' refers to closeable or permanent 
     constructed openings in a garment (excluding front, primary 
     zipper closures and grommet(s)) to allow increased expulsion 
     of built-up heat during outdoor activities. In a jacket, such 
     openings are often positioned on the underarm seam of a 
     garment but may also be placed along other seams in the front 
     or back of a garment. In trousers, such openings are often 
     positioned on the inner or outer leg seams of a garment but 
     may also be placed along other seams in the front or back of 
     a garment.
       ``(vii) The term `articulated elbows or knees' refers to 
     the construction of a sleeve (or pant leg) to allow improved 
     mobility at the elbow (or knee) through the use of extra 
     seams, darts, gussets, or other means.
       ``(viii) The term `reinforcement' refers to the use of a 
     double layer of fabric or section(s) of fabric that is 
     abrasion-resistant or otherwise more durable than the face 
     fabric of the garment.
       ``(ix) The term `weatherproof closure' means a closure 
     (including, but not limited to, laminated or coated zippers, 
     storm flaps, or other weatherproof construction) that has 
     been reinforced or engineered in a manner to reduce the 
     penetration or absorption of moisture or air through an 
     opening in the garment.
       ``(x) The term `multi-adjustable hood or adjustable collar' 
     means a draw cord, adjustment tab, or elastic incorporated 
     into the hood or collar construction to allow volume 
     adjustments around a helmet, the crown of the head, neck, or 
     face.
       ``(xi) The terms `adjustable powder skirt' and `inner 
     protective skirt' refer to a partial lower inner lining with 
     means of tightening around the waist for additional 
     protection from the elements.
       ``(xii) The term `arm gusset' means construction at the arm 
     of a gusset that utilizes an extra fabric piece in the under 
     arm usually diamond- or triangular-shaped, design, or pattern 
     to allow radial arm movement.
       ``(xiii) The term `radial arm movement' refers to 
     unrestricted, 180-degree range of motion for the arm while 
     wearing performance outerwear.
       ``(xiv) The term `odor control technology' means an 
     additive in a fabric or garment capable of adsorbing, 
     absorbing, or reacting with human odors, or effective in 
     reducing odor-causing bacteria, including but not limited to 
     activated carbon, silver, copper, or any combination thereof.
       ``(xv) The term `occupational outerwear' means outerwear 
     garments, including uniforms, designed or marketed for use in 
     the workplace or at a worksite to provide durable protection 
     from cold or inclement weather and/or workplace hazards, such 
     as fire, electrical, abrasion, or chemical hazards, or 
     impacts, cuts, punctures, or similar hazards.
       ``3. For purposes of this chapter, the importer of record 
     shall specify upon entry whether garments claimed as 
     recreational performance outerwear have an outer surface that 
     is water-resistant, visibly coated, or a combination thereof, 
     and shall further enumerate the specific features that make 
     the garments eligible to be classified as recreational 
     performance outerwear.''.
       (b) Tariff Classifications.--Chapter 61 of the Harmonized 
     Tariff Schedule of the United States is amended as follows:
       (1) By striking subheading 6101.20.00 and inserting the 
     following, with the article description for subheading 
     6101.20 having the same degree of indentation as the article 
     description for subheading 6101.20.00 (as in effect on the 
     day before the date of the enactment of this Act):

[[Page 14641]]



``       6101.20          Of cotton:           ...................  ...................  ...................
         6101.20.05         Recreational       Free                 ...................  50%
                             performance
                             outerwear.......
         6101.20.10         Other............  15.9%                Free (BH, CA, CL,    50%                  ''
                                                                     IL, JO, MA, MX,                           .
                                                                     OM, P, PE, SG)
                                                                     8% (AU)

       (2) By striking subheadings 6101.30.10 through 6101.30.20 
     and inserting the following, with the article description for 
     subheading 6101.30.05 having the same degree of indentation 
     as the article description for subheading 6101.30.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``      6101.30.05       Recreational        Free                ..................  35%
                          performance
                          outerwear........
        ...............  Other:              ..................  ..................  .......................
        6101.30.10         Containing 25     5.6%                Free (BH, CA, CL,   35%
                            percent or more                       IL, JO, MA, MX,
                            by weight of                          OM, P, PE, SG)
                            leather........                       5% (AU)
        6101.30.15         Containing 23     38.6 cents/kg +     Free (BH, CA, CL,   77.2 cents/kg + 54.5%
                            percent or more   10%                 IL, JO, MA, MX,
                            by weight of                          OM, P, PE, SG)
                            wool or fine                          8% (AU)
                            animal hair....
        6101.30.20         Other...........  28.2%               Free (BH, CA, CL,   72%                      ''
                                                                  IL, JO, MA, MX,                              .
                                                                  OM, P, PE, SG)
                                                                  8% (AU)

       (3) By striking subheadings 6101.90.05 through 6101.90.90 
     and inserting the following, with the article description for 
     subheading 6101.90.01 having the same degree of indentation 
     as the article description for subheading 6101.90.05 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``      6101.90.01       Recreational        Free                ..................  45%
                          performance
                          outerwear........
        ...............  Other:              ..................  ..................  .......................
        6101.90.05         Of wool or fine   61.7 cents/kg +     Free (BH, CA, CL,   77.2 cents/kg + 54.5%
                            animal hair....   16%                 IL, JO, MA, MX,
                                                                  OM, P, PE, SG)
                                                                  8% (AU)
                                                                 43.1 cents/kg +
                                                                  11.2% (OM)
        6101.90.10         Containing 70     0.9%                Free (AU, BH, CA,   45%
                            percent or more                       CL, E, IL, J, JO,
                            by weight of                          MA, MX, OM, P,
                            silk or silk                          PE, SG)
                            waste..........
        6101.90.90         Other...........  5.7%                Free (BH, CA, CL,   45%                      ''
                                                                  E*, IL, JO, MA,                              .
                                                                  MX, OM, P, PE,
                                                                  SG)
                                                                  5.1% (AU)

       (4) By striking subheading 6102.10.00 and inserting the 
     following, with the article description for subheading 
     6102.10 having the same degree of indentation as the article 
     description for subheading 6102.10.00 (as in effect on the 
     day before the date of the enactment of this Act):


``      6102.10          Of wool or fine     ..................  ..................  .......................
                          animal hair:
        6102.10.05         Recreational      Free                ..................  68.3 cents/kg + 54.5%
                            performance
                            outerwear......

[[Page 14642]]

 
        6102.10.10         Other...........  55.9 cents/kg +     Free (BH, CA, CL,   68.3 cents/kg + 54.5%    ''
                                              16.4%               IL, JO, MA, MX,                              .
                                                                  P, PE, SG)
                                                                  8% (AU)
                                                                 39.1 cents/kg +
                                                                  11.4% (OM)

       (5) By striking subheading 6102.20.00 and inserting the 
     following, with the article description for subheading 
     6102.20 having the same degree of indentation as the article 
     description for subheading 6102.20.00 (as in effect on the 
     day before the date of the enactment of this Act):


``      6102.20          Of cotton:          ..................  ..................  .......................
        6102.20.05         Recreational      Free                ..................  50%
                            performance
                            outerwear
        6102.20.10         Other...........  15.9%               Free (BH, CA, CL,   50%                      ''
                                                                  IL, JO, MA, MX,                              .
                                                                  OM, P, PE, SG)
                                                                  8% (AU)

       (6) By striking subheadings 6102.30.05 through 6102.30.20 
     and inserting the following, with the article description for 
     subheading 6102.30.01 having the same degree of indentation 
     as the article description for subheading 6102.30.05 (as in 
     effect on the day before the date of the enactment of this 
     Act):

``       6102.30.01       Recreational         Free                 ...................  35%
                           performance
                           outerwear.........
         ...............  Other:               ...................  ...................  ...................
         6102.30.05         Containing 25      5.3%                 Free (BH, CA, CL,    35%
                             percent or more                         IL, JO, MA, MX,
                             by weight of                            OM, P, PE, SG)
                             leather.........                        4.7% (AU)
         6102.30.10         Containing 23      64.4 cents/kg +      Free (BH, CA, CL,    68.3 cents/kg +
                             percent or more    18.8%                IL, JO, MA, MX,      54.5%
                             by weight of                            OM, P, PE, SG)
                             wool or fine                            8% (AU)
                             animal hair.....
         6102.30.20         Other............  28.2%                Free (BH, CA, CL,    72%                  ''
                                                                     IL, JO, MA, MX,                           .
                                                                     OM, P, PE, SG)
                                                                     8% (AU)

       (7) By striking subheadings 6102.90.10 and 6102.90.90 and 
     inserting the following, with the article description for 
     subheading 6102.90.05 having the same degree of indentation 
     as the article description for subheading 6102.90.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``       6102.90.05       Recreational         Free                 ...................  45%
                           performance
                           outerwear.........
         ...............  Other:               ...................  ...................  ...................
         6102.90.10         Containing 70      0.9%                 Free (AU, BH, CA,    45%
                             percent or more                         CL, E, IL, J, JO,
                             by weight of                            MA, MX, OM, P, PE,
                             silk or silk                            SG)
                             waste...........
         6102.90.90         Other............  5.7%                 Free (BH, CA, CL,    45%                  ''
                                                                     E*, IL, JO, MA,                           .
                                                                     MX, OM, P, PE, SG)
                                                                     5.1% (AU)

       (8) By striking subheadings 6103.41.10 and 6103.41.20 and 
     inserting the following, with the article description for 
     subheading 6103.41.05 having the same degree of indentation 
     as the article description for subheading 6103.41.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):

[[Page 14643]]



``      6103.41.05       Recreational        Free                ..................  77.2 cents/kg + 54.5%
                          performance
                          outerwear........
        ...............  Other:              ..................  ..................  .......................
        6103.41.10         Trousers,         61.1 cents/kg +     Free (BH, CA, CL,   77.2 cents/kg + 54.5%
                            breeches and      15.8%               IL, JO, MA, MX,
                            shorts.........                       P, PE, SG)
                                                                  8% (AU)
                                                                  42.7 cents/kg +
                                                                  11% (OM)
        6103.41.20         Bib and brace     13.6%               Free (BH, CA, CL,   54.5%                    ''
                            overalls.......                       IL, JO, MA, MX,                              .
                                                                  P, PE, SG)
                                                                  8% (AU)
                                                                  9.5% (OM)

       (9) By striking subheadings 6103.42.10 and 6103.42.20 and 
     inserting the following, with the article description for 
     subheading 6103.42.05 having the same degree of indentation 
     as the article description for subheading 6103.42.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``       6103.42.05       Recreational         Free                 ...................  45%
                           performance
                           outerwear.........
         ...............  Other:               ...................  ...................  ...................
         6103.42.10         Trousers,          16.1%                Free (BH, CA, CL,    45%
                             breeches and                            IL, JO, MA, MX,
                             shorts..........                        OM, P, PE, SG)
                                                                     8% (AU)
         6103.42.20         Bib and brace      10.3%                Free (BH, CA, CL,    90%                  ''
                             overalls........                        IL, JO, MA, MX,                           .
                                                                     OM, P, PE, SG)
                                                                     8% (AU)

       (10) By striking subheadings 6103.43.10 through 6103.43.20 
     and inserting the following, with the article description for 
     subheading 6103.43.05 having the same degree of indentation 
     as the article description for subheading 6103.43.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``      6103.43.05       Recreational        Free                ..................  77.2 cents/kg + 54.5%
                          performance
                          outerwear........
        ...............  Other:              ..................  ..................  .......................
        ...............    Trousers,         ..................  ..................  .......................
                            breeches and
                            shorts:
        6103.43.10          Containing 23    58.5 cents/kg +     Free (BH, CA, CL,   77.2 cents/kg + 54.5%
                             percent or       15.2%               IL, JO, MA, MX,
                             more by weight                       OM, P, PE, SG)
                             of wool or                           8% (AU)
                             fine animal
                             hair..........
        6103.43.15          Other..........  28.2%               Free (BH, CA, CL,   72%
                                                                  IL, JO, MA, MX,
                                                                  OM, P, PE, SG)
                                                                  8% (AU)
        6103.43.20         Bib and brace     14.9%               Free (BH, CA, CL,   72%                      ''
                            overalls.......                       IL, JO, MA, MX,                              .
                                                                  OM, P, PE, SG)
                                                                  8% (AU)

       (11) By striking subheadings 6103.49 through 6103.49.80 and 
     inserting the following, with the article description for 
     subheading 6103.49 having the same degree of indentation as 
     the article description for subheading 6103.49 (as in effect 
     on the day before the date of the enactment of this Act):


``       6103.49          Of other textile     ...................  ...................  ...................
                           materials:
         ...............    Of artificial      ...................  ...................  ...................
                             fibers:
         6103.49.05          Recreational      Free                 ...................  72%
                              performance
                              outerwear......

[[Page 14644]]

 
         ...............     Other:            ...................  ...................  ...................
         6103.49.10           Trousers,        28.2%                Free (BH, CA, CL,    72%
                               breeches and                          IL, JO, MA, MX,
                               shorts........                        OM, P, PE, SG)
                                                                     8% (AU)
         6103.49.20           Bib and brace    13.6%                Free (BH, CA, CL,    72%
                               overalls......                        IL, JO, MA, MX,
                                                                     OM, P, PE, SG)
                                                                     8% (AU)
         6103.49.40         Containing 70      0.9%                 Free (AU, BH, CA,    35%
                             percent or more                         CL, E, IL, J, JO,
                             by weight of                            MA, MX, OM, P, PE,
                             silk or silk                            SG)
                             waste...........
         6103.49.80         Other............  5.6%                 Free (BH, CA, CL,    35%                  ''
                                                                     E*, IL, JO, MA,                           .
                                                                     MX, OM, P, PE, SG)
                                                                     5% (AU)

       (12) By striking subheading 6104.61.00 and inserting the 
     following, with the article description for subheading 
     6104.61 having the same degree of indentation as the article 
     description for subheading 6104.61.00 (as in effect on the 
     day before the date of the enactment of this Act):


``       6104.61          Of wool and fine     ...................  ...................  ...................
                           animal hair:
         6104.61.05         Recreational       Free                 ...................  54.5%
                             performance
                             outerwear.......
         6104.61.10         Other............  14.9%                Free (BH, CA, CL,    54.5%                ''
                                                                     IL, JO,MA, MX, P,                         .
                                                                     PE, SG)
                                                                     8% (AU)
                                                                    10.4% (OM)

       (13) By striking subheadings 6104.62.10 and 6104.62.20 and 
     inserting the following, with the article description for 
     subheading 6104.62.05 having the same degree of indentation 
     as the article description for subheading 6104.62.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``       6104.62.05       Recreational         Free                 ...................  90%
                           performance
                           outerwear.........
         ...............  Other:               ...................  ...................  ...................
         6104.62.10         Bib and brace      10.3%                Free (BH, CA, CL,    90%
                             overalls........                        IL, JO, MX, OM, P,
                                                                     PE, SG)
                                                                    8% (AU)
                                                                    See 9912.61.01-
                                                                     9912.61.02 (MA)
         6104.62.20         Other............  14.9%                Free (BH, CA, CL,    90%                  ''
                                                                     JO, IL, MX, OM, P,                        .
                                                                     PE, SG)
                                                                    8% (AU)
                                                                    See 9912.61.01,
                                                                     9912.61.03 (MA)

       (14) By striking subheadings 6104.63.10 through 6104.63.20 
     and inserting the following, with the article description for 
     subheading 6104.63.05 having the same degree of indentation 
     as the article description for subheading 6104.63.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):

``       6104.63.05       Recreational         Free                 ...................  72%
                           performance
                           outerwear.........

[[Page 14645]]

 
         ...............  Other:               ...................  ...................  ...................
         6104.63.10         Bib and brace      14.9%                Free (BH, CA, CL,    72%
                             overalls........                        IL, JO, MX, OM, P,
                                                                     PE, SG)
                                                                    8% (AU)
                                                                    See 9912.61.05-
                                                                     9912.61.06 (MA)
         ...............    Other:             ...................  ...................  ...................
         6104.63.15          Containing 23     14.9%                Free (BH, CA, CL,    54.5%
                              percent or more                        IL, JO, MX, OM, P,
                              by weight of                           PE, SG)
                              wool or fine                          8% (AU)
                              animal hair....                       See 9912.61.05-
                                                                     9912.61.06 (MA)
         6104.63.20          Other...........  28.2%                Free (BH, CA, CL,    72%                  ''
                                                                     IL, JO, MX, OM, P,                        .
                                                                     PE, SG)
                                                                    8% (AU)
                                                                    See 9912.61.05,
                                                                     9912.61.07 (MA)

       (15) By striking subheadings 6104.69 through 6104.69.80 and 
     inserting the following, with the article description for 
     subheading 6104.69 having the same degree of indentation as 
     the article description for subheading 6104.69 (as in effect 
     on the day before the date of the enactment of this Act):


``       6104.69          Of other textile     ...................  ...................  ...................
                           materials:
         ...............    Of artificial      ...................  ...................  ...................
                             fibers:
         6104.69.05          Recreational      Free                 ...................  72%
                              performance
                              outerwear......
         ...............     Other:            ...................  ...................  ...................
         6104.69.10           Bib and brace    13.6%                Free (BH, CA, CL,    72%
                               overalls......                        IL, JO, MA, MX,OM,
                                                                     P, PE, SG)
                                                                     8% (AU)
         6104.69.20           Trousers,        28.2%                Free (BH, CA, CL,    72%
                               breeches and                          IL, JO, MA, MX,
                               shorts........                        OM, P, PE, SG)
                                                                     8% (AU)
         6104.69.40         Containing 70      0.9%                 Free (AU, BH, CA,    60%
                             percent or more                         CL, E, IL, J, JO,
                             by weight of                            MA, MX, OM, P, PE,
                             silk or silk                            SG)
                             waste...........
         6104.69.80         Other............  5.6%                 Free (BH, CA, CL,    60%                  ''
                                                                     E*, IL, JO, MA,                           .
                                                                     MX, OM, P,PE, SG)
                                                                     5% (AU)

       (16) By striking subheadings 6112.20.10 and 6112.20.20 and 
     inserting the following, with the article description for 
     subheading 6112.20.05 having the same degree of indentation 
     as the article description for subheading 6112.20.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``       6112.20.05       Recreational         Free                 ...................  72%
                           performance
                           outerwear.........
         ...............  Other:               ...................  ...................  ...................

[[Page 14646]]

 
         6112.20.10         Of man-made        28.2%                Free (BH, CA, CL,    72%
                             fibers..........                        IL, JO, MA, MX,
                                                                     OM, P, PE, SG)
                                                                     8% (AU)
         6112.20.20         Other............  8.3%                 Free (BH, CA, CL,    90%                  ''
                                                                     E*, IL, JO, MA,                           .
                                                                     MX,OM, P, PE, SG)
                                                                     7.4% (AU)

       (17) By striking subheadings 6113.00.10 and 6113.00.90 and 
     inserting the following, with the article description for 
     subheading 6113.00.05 having the same degree of indentation 
     as the article description for subheading 6113.00.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``       6113.00.05       Recreational         Free                 ...................  65%
                           performance
                           outerwear.........
         ...............  Other:               ...................  ...................  ...................
         6113.00.10         Having an outer    3.8%                 Free (AU, BH, CA,    65%
                             surface                                 CL, E,IL, JO, MA,
                             impregnated,                            MX, OM, P, PE, SG)
                             coated, covered,
                             or laminated
                             with rubber or
                             plastics
                             material which
                             completely
                             obscures the
                             underlying
                             fabric..........
         6113.00.90         Other............  7.1%                 Free (AU, BH, CA,    65%                  ''
                                                                     CL, E*, IL, JO,                           .
                                                                     MA, MX, OM, P, PE,
                                                                     SG)

       (18) By striking subheading 6114.20.00 and inserting the 
     following, with the article description for subheading 
     6114.20 having the same degree of indentation as the article 
     description for subheading 6114.20.00 (as in effect on the 
     day before the date of the enactment of this Act):


``       6114.20          Of cotton:           ...................  ...................  ...................
         6114.20.05         Recreational       Free                 ...................  90%
                             performance
                             outerwear.......
         6114.20.10         Other............  10.8%                Free (BH, CA, CL,    90%                  ''
                                                                     IL, JO, MA, MX, P,                        .
                                                                     PE, SG)
                                                                     8% (AU)
                                                                    4.3% (OM)

       (19) By striking subheadings 6114.30.10 through 6114.30.30 
     and inserting the following, with the article description for 
     subheading 6114.30.05 having the same degree of indentation 
     as the article description for subheading 6114.30.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``       6114.30.05       Recreational         Free                 ...................  90%
                           performance
                           outerwear.........
         ...............  Other:               ...................  ...................  ...................
         6114.30.10         Tops.............  28.2%                Free (BH, CA, CL,    90%
                                                                     IL, JO, MA, MX,OM,
                                                                     P, PE, SG)
                                                                     8% (AU)
         6114.30.20         Bodysuits and      32%                  Free (BH, CA, CL,    90%
                             bodyshirts......                        IL, JO, MA, MX,
                                                                     OM, P, PE, SG)
                                                                     8% (AU)
         6114.30.30         Other............  14.9%                Free (BH, CA, CL,    90%                  ''
                                                                     IL, JO, MA, MX,                           .
                                                                     OM, P, PE, SG)
                                                                     8% (AU)

       (20) By striking subheadings 6114.90.05 through 6114.90.90 
     and inserting the following, with the article description for 
     subheading 6114.90.01 having the same degree of indentation 
     as the article description for subheading 6114.90.05 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``       6114.90.01       Recreational         Free                 ...................  90%
                           performance
                           outerwear.........
         ...............  Other:               ...................  ...................  ...................

[[Page 14647]]

 
         6114.90.05         Of wool or fine    12%                  Free (BH, CA, CL,    90%
                             animal hair.....                        IL, JO, MA, MX, P,
                                                                     PE, SG)
                                                                     8% (AU)
                                                                    8.4% (OM)
         6114.90.10         Containing 70      0.9%                 Free (AU, BH, CA,    60%
                             percent or more                         CL, E, IL, J, JO,
                             by weight of                            MA, MX, OM, P, PE,
                             silk or silk                            SG)
                             waste...........
         6114.90.90         Other............  5.6%                 Free (BH, CA, CL,    60%                  ''
                                                                     E*, IL, JO, MA,                           .
                                                                     MX, OM, P, PE, SG)
                                                                     5% (AU)

     SEC. 4. APPAREL ARTICLES AND ACCESSORIES OF OTHER MATERIALS, 
                   NOT KNITTED OR CROCHETED.

       (a) Notes.--The Additional U.S. Notes to chapter 62 of the 
     Harmonized Tariff Schedule of the United States are amended--
       (1) in Additional U.S. Note 2, by striking ``For purposes 
     of subheadings'' and all that follows through ``6211.20.15'' 
     and inserting ``For purposes of this chapter''; and
       (2) by adding at the end the following new notes:
       ``3.(a) For purposes of this chapter, the term 
     `recreational performance outerwear' means trousers 
     (including, but not limited to, paddling pants, ski or 
     snowboard pants, and ski or snowboard pants intended for sale 
     as parts of ski-suits), coveralls and bib overalls, and 
     jackets (including, but not limited to, full zip jackets, 
     paddling jackets, ski jackets, and ski jackets intended for 
     sale as parts of ski-suits), windbreakers, and similar 
     articles (including padded, sleeveless jackets), the outer 
     surface of which is composed of non-knit, non-crocheted 
     fabrics of cotton, wool, hemp, bamboo, silk, or manmade 
     fiber, or a combination of such fibers, that are water-
     resistant, visibly coated, or both, with critically sealed 
     seams, and with 5 or more of the following options:
       ``(i) Insulation for cold weather protection.
       ``(ii) Pockets, at least one of which has a zippered, hook 
     and loop, or other type of closure.
       ``(iii) Elastic, drawcord, or other means of tightening 
     around the waist or leg hems, including hidden leg sleeves 
     with a means of tightening at the ankle for trousers and 
     tightening around the waist or bottom hem for jackets.
       ``(iv) Venting, not including grommet(s).
       ``(v) Articulated elbows or knees.
       ``(vi) Reinforcement in one of the following areas: the 
     elbows, shoulders, seat, knees, ankles, or cuffs.
       ``(vii) Weatherproof closure at the waist or front.
       ``(viii) Multi-adjustable hood or adjustable collar.
       ``(ix) Adjustable powder skirt, inner protective skirt, or 
     adjustable inner protective cuff at sleeve hem.
       ``(x) Construction at the arm gusset that utilizes fabric, 
     design, or patterning to allow radial arm movement.
       ``(xi) Odor control technology.
     The term `recreational performance outerwear' does not 
     include occupational outerwear.
       ``(b) For purposes of this Note, the following terms have 
     the following meanings:
       ``(i) The term `water-resistant' means that a garment must 
     have a water resistance (see ASTM designations D 3779-81 and 
     D 7017) such that, under a head pressure of 600 millimeters, 
     not more than 1.0 gram of water penetrates after two minutes 
     when tested in accordance with the current version of AATCC 
     Test Method 35. The water resistance of the garment is the 
     result of a rubber or plastics application to the outer 
     shell, lining, or inner lining.
       ``(ii) The term `visibly coated' refers to fabric that is 
     impregnated, coated, covered, or laminated with plastics, 
     such as fabrics described in Note 2 to chapter 59.
       ``(iii) The term `sealed seams' means seams that have been 
     covered by means of taping, gluing, bonding, cementing, 
     fusing, welding, or a similar process so that water cannot 
     pass through the seams when tested in accordance with the 
     current version of AATCC Test Method 35.
       ``(iv) The term `critically sealed seams' means seams' that 
     are sealed--
       ``(A) for jackets, at the front and back yokes, or at the 
     shoulders, arm holes, or both, where applicable; and
       ``(B) for trousers, at the front (up to the zipper or other 
     means of closure) and back rise.
       ``(v) The term `insulation for cold weather protection' 
     means insulation with either synthetic fill, down, a 
     laminated thermal backing, or other lining for thermal 
     protection from cold weather.
       ``(vi) The term `venting' refers to closeable or permanent 
     constructed openings in a garment (excluding front, primary 
     zipper closures and grommet(s)) to allow increased expulsion 
     of built-up heat during outdoor activities. In a jacket, such 
     openings are often positioned on the underarm seam of a 
     garment but may also be placed along other seams in the front 
     or back of a garment. In trousers, such openings are often 
     positioned on the inner or outer leg seams of a garment but 
     may also be placed along other seams in the front or back of 
     a garment.
       ``(vii) The term `articulated elbows or knees' refers to 
     the construction of a sleeve (or pant leg) to allow improved 
     mobility at the elbow (or knee) through the use of extra 
     seams, darts, gussets, or other means.
       ``(viii) The term `reinforcement' refers to the use of a 
     double layer of fabric or section(s) of fabric that is 
     abrasion-resistant or otherwise more durable than the face 
     fabric of the garment.
       ``(ix) The term `weatherproof closure' means a closure 
     (including, but not limited to, laminated or coated zippers, 
     storm flaps, or other weatherproof construction) that has 
     been reinforced or engineered in a manner to reduce the 
     penetration or absorption of moisture or air through an 
     opening in the garment.
       ``(x) The term `multi-adjustable hood or adjustable collar' 
     means a draw cord, adjustment tab, or elastic incorporated 
     into the hood or collar construction to allow volume 
     adjustments around a helmet, the crown of the head, neck, or 
     face.
       ``(xi) The terms `adjustable powder skirt' and `inner 
     protective skirt' refer to a partial lower inner lining with 
     means of tightening around the waist for additional 
     protection from the elements.
       ``(xii) The term `arm gusset' means construction at the arm 
     of a gusset that utilizes an extra fabric piece in the under 
     arm usually diamond- or triangular-shaped, design, or pattern 
     to allow radial arm movement.
       ``(xiii) The term `radial arm movement' refers to 
     unrestricted, 180-degree range of motion for the arm while 
     wearing performance outerwear.
       ``(xiv) The term `odor control technology' means an 
     additive in a fabric or garment capable of adsorbing, 
     absorbing, or reacting with human odors, or effective in 
     reducing odor-causing bacteria, including but not limited to 
     activated carbon, silver, copper, or any combination thereof.
       ``(xv) The term `occupational outerwear' means outerwear 
     garments, including uniforms, designed or marketed for use in 
     the workplace or at a worksite to provide durable protection 
     from cold or inclement weather and/or workplace hazards, such 
     as fire, electrical, abrasion, or chemical hazards, or 
     impacts, cuts, punctures, or similar hazards.
       ``4. For purposes of this chapter, the importer of record 
     shall specify upon entry whether garments claimed as 
     `recreational performance outerwear' have an outer surface 
     that is water-resistant, visibly coated, or a combination 
     thereof, and shall further enumerate the specific features 
     that make the garments eligible to be classified as 
     recreational performance outerwear.''.
       (b) Tariff Classifications.--Chapter 62 of the Harmonized 
     Tariff Schedule of the United States is amended as follows:
       (1) By striking subheading 6201.11.00 and inserting the 
     following, with the article description for subheading 
     6201.11 having the same degree of indentation as the article 
     description for subheading 6201.11.00 (as in effect on the 
     day before the date of the enactment of this Act):

[[Page 14648]]



``      6201.11           Of wool or fine    ..................  ..................  .......................
                          animal hair:
        6201.11.05         Recreational      Free                ..................  52.9 cents/kg + 58.5%
                            performance
                            outerwear......
        6201.11.10         Other...........  41 cents/kg +       Free (BH, CA, CL,   52.9 cents/kg + 58.5%    ''
                                              16.3%               IL, JO, MA, MX,                              .
                                                                  P, PE, SG)
                                                                  8% (AU)
                                                                  28.7 cents/kg +
                                                                  11.4% (OM)

       (2) By striking subheadings 6201.12.10 and 6201.12.20 and 
     inserting the following, with the article description for 
     subheading 6201.12.05 having the same degree of indentation 
     as the article description for subheading 6201.12.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``       6201.12.05       Recreational         Free                 ...................  60%
                           performance
                           outerwear.........
         ...............  Other:               ...................  ...................  ...................
         6201.12.10         Containing 15      4.4%                 Free (BH, CA, CL,    60%
                             percent or more                         IL, JO, MA, MX,
                             by weight of                            OM, P, PE, SG)
                             down and                                3.9% (AU)
                             waterfowl
                             plumage and of
                             which down
                             comprises 35
                             percent or more
                             by weight;
                             containing 10
                             percent or more
                             by weight of
                             down............
         6201.12.20         Other............  9.4%                 Free (BH, CA, CL,    90%                  ''
                                                                     IL, JO, MA, MX,                           .
                                                                     OM, P, PE, SG)
                                                                     8% (AU)

       (3) By striking subheadings 6201.13.10 through 6201.13.40 
     and inserting the following, with the article description for 
     subheading 6201.13.05 having the same degree of indentation 
     as the article description for subheading 6201.13.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``      6201.13.05       Recreational        Free                ..................  60%
                          performance
                          outerwear........
        ...............  Other:              ..................  ..................  .......................
        6201.13.10         Containing 15     4.4%                Free (BH, CA, CL,   60%
                            percent or more                       IL, JO, MX, OM,
                            by weight of                          P, PE, SG)
                            down and                             0.4% (MA)
                            waterfowl                             3.9% (AU)
                            plumage and of
                            which down
                            comprises 35
                            percent or more
                            by weight;
                            containing 10
                            percent or more
                            by weight of
                            down...........
        ...............    Other:            ..................  ..................  .......................
        6201.13.30          Containing 36    49.7 cents/kg +     Free (BH, CA, CL,   52.9 cents/kg + 58.5%
                             percent or       19.7%               IL, JO, MA, MX,
                             more by weight                       OM, P, PE, SG)
                             of wool or                           8% (AU)
                             fine animal
                             hair..........
        6201.13.40          Other..........  27.7%               Free (BH, CA, CL,   90%                      ''
                                                                  IL, JO, MA, MX,                              .
                                                                  OM, P, PE, SG)
                                                                  8% (AU)

       (4) By striking subheadings 6201.19.10 and 6201.19.90 and 
     inserting the following, with the article description for 
     subheading 6201.19.05 having the same degree of indentation 
     as the article description for subheading 6201.19.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``       6201.19.05       Recreational         Free                 ...................  35%
                           performance
                           outerwear.........
         ...............  Other:               ...................  ...................  ...................
         6201.19.10         Containing 70      Free                 ...................  35%
                             percent or more
                             by weight of
                             silk or silk
                             waste...........
         6201.19.90         Other............  2.8%                 Free (AU, BH, CA,    35%                  ''
                                                                     CL, E*, IL, JO,                           .
                                                                     MA, MX, OM, P, PE,
                                                                     SG)

       (5) By striking subheadings 6201.91.10 and 6201.91.20 and 
     inserting the following, with the article description for 
     subheading 6201.91.05 having the same degree of indentation 
     as the article description for subheading 6201.91.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


[[Page 14649]]



``      6201.91.05       Recreational        Free                ..................  58.5%
                          performance
                          outerwear........
        ...............  Other:              ..................  ..................  .......................
        6201.91.10         Padded,           8.5%                Free (BH, CA, CL,   58.5%
                            sleeveless                            IL, JO, MA, MX,
                            jackets........                       P, PE, SG)
                                                                  7.6% (AU)
                                                                 5.9% (OM)
        6201.91.20         Other...........  49.7 cents/kg +     Free (BH, CA, CL,   52.9 cents/kg + 58.5%    ''
                                              19.7%               IL, JO, MA, MX,                              .
                                                                  P, PE, SG)
                                                                  8% (AU)
                                                                 34.7 cents/kg +
                                                                  13.7% (OM)

       (6) By striking subheadings 6201.92.10 through 6201.92.20 
     and inserting the following, with the article description for 
     subheading 6201.92.05 having the same degree of indentation 
     as the article description for subheading 6201.92.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``       6201.92.05       Recreational         Free                 ...................  60%
                           performance
                           outerwear.........
         ...............  Other:               ...................  ...................  ...................
         6201.92.10         Containing 15      4.4%                 Free (BH, CA, CL,    60%
                             percent or more                         IL, JO, MX, OM, P,
                             by weight of                            PE, SG)
                             down and                                3.9% (AU)
                             waterfowl                              See 9912.62.00-
                             plumage and of                          9912.62.01 (MA)
                             which down
                             comprises 35
                             percent or more
                             by weight;
                             containing 10
                             percent or more
                             by weight of
                             down............
         ...............    Other:             ...................  ...................  ...................
         6201.92.15          Water resistant.  6.2%                 Free (BH, CA, CL,    37.5%
                                                                     IL, JO, MX, OM, P,
                                                                     PE, SG)
                                                                     5.5% (AU)
                                                                    See 9912.62.00,
                                                                     9912.62.02 (MA)
         6201.92.20          Other...........  9.4%                 Free (BH, CA, CL,    90%                  ''
                                                                     IL, JO, MX, OM, P,                        .
                                                                     PE, SG)
                                                                     8% (AU)
                                                                    See 9912.62.00,
                                                                     9912.62.03 (MA)

       (7) By striking subheadings 6201.93.10 through 6201.93.35 
     and inserting the following, with the article description for 
     subheading 6201.93.05 having the same degree of indentation 
     as the article description for subheading 6201.93.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):

``      6201.93.05       Recreational        Free                ..................  60%
                          performance
                          outerwear........
        ...............  Other:              ..................  ..................  .......................
        6201.93.10         Containing 15     4.4%                Free (BH, CA,       60%
                            percent or more                       CL,IL, JO, MX,
                            by weight of                          OM, P, PE, SG)
                            down and                              3.9% (AU)
                            waterfowl                            See 9912.62.04-
                            plumage and of                        9912.62.05 (MA)
                            which down
                            comprises 35
                            percent or more
                            by weight;
                            containing 10
                            percent or more
                            by weight of
                            down...........
        ...............    Other:            ..................  ..................  .......................

[[Page 14650]]

 
        6201.93.20          Padded,          14.9%               Free (BH, CA, CL,   76%
                             sleveless                            IL, JO, MX, OM,
                             jackets.......                       P, PE, SG)
                                                                  8% (AU)
                                                                 See 9912.62.04,
                                                                  9912.62.06 (MA)
        ...............     Other:           ..................  ..................  .......................
        6201.93.25           Containing 36   49.5 cents/kg +     Free (BH, CA, CL,   52.9 cents/kg + 58.5%
                              percent or      19.6%               IL, JO, MX, OM,
                              more by weght                       P, PE, SG)
                              of wool or                          8% (AU)
                              fine animal                        See 9912.62.04,
                              hair.........                       9912.62.07 (MA)
        ...............      Other:          ..................  ..................  .......................
        6201.93.30            Water          7.1%                Free (BH,CA, CL,    65%
                               resistant...                       IL, JO, MX, OM,
                                                                  P, PE, SG)
                                                                  6.3% (AU)
                                                                 See 9912.62.04,
                                                                  9912.62.08 (MA)
        6201.93.35            Other........  27.7%               Free (BH, CA, CL,   90%                      ''
                                                                  IL, JO, MX, OM,                              .
                                                                  P, PE, SG)
                                                                  8% (AU)
                                                                 See 9912.62.04,
                                                                  9912.62.09 (MA)

       (8) By striking subheadings 6201.99.10 and 6201.99.90 and 
     inserting the following, with the article description for 
     subheading 6201.99.05 having the same degree of indentation 
     as the article description for subheading 6201.99.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``       6201.99.05       Recreational         Free                 ...................  35%
                           performance
                           outerwear.........
         ...............  Other:               ...................  ...................  ...................
         6201.99.10         Containing 70      Free                 ...................  35%
                             percent or more
                             by weight of
                             silk or silk
                             waste...........
         6201.99.90         Other............  4.2%                 Free (BH, CA, CL,    35%                  ''
                                                                     E*, IL, JO, MA,                           .
                                                                     MX, OM, P, PE, SG)
                                                                    3.7% (AU)

       (9) By striking subheading 6202.11.00 and inserting the 
     following, with the article description for subheading 
     6202.11 having the same degree of indentation as the article 
     description for subheading 6202.11.00 (as in effect on the 
     day before the date of the enactment of this Act):


``      6202.11          Of wool or fine     ..................  ..................  .......................
                          animal hair:
        6202.11.05         Recreational      Free                ..................  46.3 cents/kg + 58.5%
                            performance
                            outerwear......
        6202.11.10         Other...........  41 cents/kg +       Free (BH, CA, CL,   46.3 cents/kg + 58.5%    ''
                                              16.3%               IL, JO, MA, MX,                              .
                                                                  P, PE, SG)
                                                                  8% (AU)
                                                                  28.7 cents/kg +
                                                                  11.4% (OM)

       (10) By striking subheadings 6202.12.10 and 6202.12.20 and 
     inserting the following, with the article description for 
     subheading 6202.12.05 having the same degree of indentation 
     as the article description for subheading 6202.12.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``       6202.12.05       Recreational         Free                 ...................  60%
                           performance
                           outerwear.........
         ...............  Other:               ...................  ...................  ...................

[[Page 14651]]

 
         6202.12.10         Containing 15      4.4%                 Free (BH, CA, CL,    60%
                             percent or more                         IL, JO, MA, MX,
                             by weight of                            OM, P, PE, SG)
                             down and                               3.9% (AU)
                             waterfowl
                             plumage and of
                             which down
                             comprises 35
                             percent or more
                             by weight;
                             containing 10
                             percent or more
                             by weight of
                             down............
         6202.12.20         Other............  8.9%                 Free (BH, CA, CL,    90%                  ''
                                                                     IL, JO, MX, OM, P,                        .
                                                                     PE, SG)
                                                                    1.8% (MA)
                                                                    8% (AU)

       (11) By striking subheadings 6202.13.10 through 6202.13.40 
     and inserting the following, with the article description for 
     subheading 6202.13.05 having the same degree of indentation 
     as the article description for subheading 6202.13.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``      6202.13.05       Recreational        Free                ..................  60%
                          performance
                          outerwear........
        ...............  Other:              ..................  ..................  .......................
        6202.13.10         Containing 15     4.4%                Free (BH, CA, CL,   60%
                            percent or more                       IL, JO, MA, MX,
                            by weight of                          OM, P, PE, SG)
                            down and                             3.9% (AU)
                            waterfowl
                            plumage and of
                            which down
                            comprises 35
                            percent or more
                            by weight;
                            containing 10
                            percent or more
                            by weight of
                            down...........
        ...............    Other:            ..................  ..................  .......................
        6202.13.30          Containing 36    43.5 cents/kg +     Free (BH, CA, CL,   46.3 cents/kg + 58.5%
                             percent or       19.7%               IL, JO, MA, MX,
                             more by weight                       OM, P, PE, SG)
                             of wool or                           8% (AU)
                             fine animal
                             hair..........
        6202.13.40          Other..........  27.7%               Free (BH, CA, CL,   90%                      ''
                                                                  IL, JO, MA,                                  .
                                                                  MX,OM, P, PE, SG)
                                                                  8% (AU)

       (12) By striking subheadings 6202.19.10 and 6202.19.90 and 
     inserting the following, with the article description for 
     subheading 6202.19.05 having the same degree of indentation 
     as the article description for subheading 6202.19.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``       6202.19.05       Recreational         Free                 ...................  35%
                           performance
                           outerwear.........
         ...............  Other:               ...................  ...................  ...................
         6202.19.10         Containing 70      Free                 ...................  35%
                             percent or more
                             by weight or
                             silk or silk
                             waste...........
         6202.19.90         Other............  2.8%                 Free (AU, BH, CA,    35%                  ''
                                                                     CL, E*, IL, JO,                           .
                                                                     MA, MX, OM, P, PE,
                                                                     SG)

       (13) By striking subheadings 6202.91.10 and 6202.91.20 and 
     inserting the following, with the article description for 
     subheading 6202.91.05 having the same degree of indentation 
     as the article description for subheading 6202.91.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``      6202.91.05       Recreational        Free                ..................  58.5%
                          performance
                          outerwear........
        ...............  Other:              ..................  ..................  .......................
        6202.91.10         Padded,           14%                 Free (BH, CA, CL,   58.5%
                            sleeveless                            IL, JO, MA, MX,
                            jackets........                       P, PE, SG)
                                                                  8% (AU)
                                                                 9.8% (OM)

[[Page 14652]]

 
        6202.91.20         Other...........  36 cents/kg +       Free (BH, CA, CL,   46.3 cents/kg + 58.5%    ''
                                              16.3%               IL, JO, MA, MX,                              .
                                                                  P, PE, SG)
                                                                  8% (AU)
                                                                 25.2 cents/kg +
                                                                  11.4% (OM)

       (14) By striking subheadings 6202.92.10 through 6202.92.20 
     and inserting the following, with the article description for 
     subheading 6202.92.05 having the same degree of indentation 
     as the article description for subheading 6202.92.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``       6202.92.05       Recreational         Free                 ...................  60%
                           performance
                           outerwear.........
         ...............  Other:               ...................  ...................  ...................
         6202.92.10         Containing 15      4.4%                 Free (BH, CA, CL,    60%
                             percent or more                         IL, JO, MX, OM, P,
                             by weight of                            PE, SG)
                             down and                               3.9% (AU)
                             waterfowl                              See 9912.62.10-
                             plumage and of                          9912.62.11 (MA)
                             which down
                             comprises 35
                             percent or more
                             by weight;
                             containing 10
                             percent or more
                             by weight of
                             down............
         ...............    Other:             ...................  ...................  ...................
         6202.92.15          Water resistant.  6.2%                 Free (BH, CA, CL,    37.5%
                                                                     IL, JO, MX, OM, P,
                                                                     PE, SG)
                                                                    5.5% (AU)
                                                                    See 9912.62.10,
                                                                     9912.62.12 (MA)
         6202.92.20          Other...........  8.9%                 Free (BH, CA, CL,    90%                  ''
                                                                     IL, JO, MX, OM, P,                        .
                                                                     PE, SG)
                                                                    8% (AU)
                                                                    See 9912.62.10,
                                                                     9912.62.13 (MA)

       (15) By striking subheadings 6202.93.10 through 6202.93.50 
     and inserting the following, with the article description for 
     subheading 6202.93.05 having the same degree of indentation 
     as the article description for subheading 6202.93.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``      6202.93.05       Recreational        Free                ..................  60%
                          performance
                          outerwear........
        ...............  Other:              ..................  ..................  .......................
        6202.93.10         Containing 15     4.4%                Free (BH, CA, CL,   60%
                            percent or more                       IL, JO, MA, MX,
                            by weight of                          OM, P, PE, SG)
                            down and                              3.9% (AU)
                            waterfowl
                            plumage and of
                            which down
                            comprises 35
                            percent or more
                            by weight;
                            containing 10
                            percent or more
                            by weight of
                            down...........
        ...............    Other:            ..................  ..................  .......................
        6202.93.20          Padded,          14.9%               Free (BH, CA, CL,   76%
                             sleveless                            IL, JO, MA, MX,
                             jackets.......                       OM, P, PE, SG)
                                                                  8% (AU)
        ...............     Other:           ..................  ..................  .......................

[[Page 14653]]

 
        6202.93.40           Containing 36   43.4 cents/kg +     Free (BH, CA, CL,   46.3 cents/kg + 58.5%
                              percent or      19.7%               IL, JO, MA, MX,
                              more by                             OM, P, PE, SG)
                              weight of                           8% (AU)
                              wool or fine
                              animal hair..
        ...............      Other:          ..................  ..................  .......................
        6202.93.45            Water          7.1%                Free (BH, CA, CL,   65%
                               resistant...                       IL, JO, MA, MX,
                                                                  OM, P, PE, SG)
                                                                  6.3% (AU)
        6202.93.50            Other........  27.7%               Free (BH, CA, CL,   90%                      ''
                                                                  IL, JO, MA, MX,                              .
                                                                  OM, P, PE, SG)
                                                                  8% (AU)

       (16) By striking subheadings 6202.99.10 and 6202.99.90 and 
     inserting the following, with the article description for 
     subheading 6202.99.05 having the same degree of indentation 
     as the article description for subheading 6202.99.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``       6202.99.05       Recreational         Free                 ...................  35%
                           performance
                           outerwear.........
         ...............  Other:               ...................  ...................  ...................
         6202.99.10         Containing 70      Free                 ...................  35%
                             percent or more
                             by weight or
                             silk or silk
                             waste...........
         6202.99.90         Other............  2.8%                 Free (AU, BH, CA,    35%                  ''
                                                                     CL, E*, IL, JO,                           .
                                                                     MA, MX, OM, P, PE,
                                                                     SG)

       (17) By striking subheadings 6203.41 and 6203.41.05 and 
     inserting the following, with the article description for 
     subheadings 6203.41 having the same degree of indentation as 
     the article description for subheading 6203.41 (as in effect 
     on the day before the date of the enactment of this Act):


``      6203.41          Of wool or fine     ..................  ..................  .......................
                          animal hair:
        6203.41.05         Recreational      Free                ..................  52.9 cents/kg + 58.5%
                            performance
                            outerwear......
        ...............    Trousers,         ..................  ..................  .......................
                            breeches, and
                            shorts:
        6203.41.10          Trousers,        7.6%                Free (BH, CA, CL,   52.9 cents/kg + 58.5%    ''
                             breeches, or                         IL, JO, MA, MX,                              .
                             shorts                               P, PE, SG)
                             containing                           6.8% (AU)
                             elastomeric                         5.3% (OM)
                             fiber, water
                             resistant,
                             without
                             beltloops,
                             weighing more
                             than 9 kg per
                             dozen.........

       (18) By striking subheadings 6203.42.10 through 6203.42.40 
     and inserting the following, with the article description for 
     subheading 6203.42.05 having the same degree of indentation 
     as the article description for subheading 6203.42.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``       6203.42.05       Recreational         Free                 ...................  60%
                           performance
                           outerwear.........
         ...............  Other:               ...................  ...................  ...................
         6203.42.10         Containing 15      Free                 ...................  60%
                             percent or more
                             by weight of
                             down and
                             waterfowl
                             plumage and of
                             which down
                             comprises 35
                             percent or more
                             by weight;
                             containing 10
                             percent or more
                             by weight of
                             down............
         ...............    Other:             ...................  ...................  ...................
         6203.42.20          Bib and brace     10.3%                Free (BH, CA, CL,    90%
                              overalls.......                        IL, JO, MX, OM, P,
                                                                     PE, SG)
                                                                     8% (AU)
                                                                    See 9912.62.22-
                                                                     9912.62.23 (MA)

[[Page 14654]]

 
         6203.42.40          Other...........  16.6%                Free (BH, CA, CL,    90%                  ''
                                                                     IL, JO, MX, OM, P,                        .
                                                                     PE, SG)
                                                                     8% (AU)
                                                                    See 9912.62.22,
                                                                     9912.62.24 (MA)

       (19) By striking subheadings 6203.43.10 through 6203.43.40 
     and inserting the following, with the article description for 
     subheading 6203.43.05 having the same degree of indentation 
     as the article description for subheading 6203.43.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``      6203.43.05       Recreational        Free                ..................  60%
                          performance
                          outerwear........
        ...............  Other:              ..................  ..................  .......................
        6203.43.10         Containing 15     Free                ..................  60%
                            percent or more
                            by weight of
                            down and
                            waterfowl
                            plumage and of
                            which down
                            comprises 35
                            percent or more
                            by weight;
                            containing 10
                            percent or more
                            by weight of
                            down...........
        ...............    Other:            ..................  ..................  .......................
        ...............     Bib and brace    ..................  ..................  .......................
                             overalls:
        6203.43.15           Water           7.1%                Free (BH, CA, CL,   65%
                              resistant....                       IL, JO, MX, OM,
                                                                  P, PE, SG)
                                                                  6.3% (AU)
                                                                 See 9912.62.25-
                                                                  9912.62.26 (MA)
        6203.43.20           Other.........  14.9%               Free (BH, CA, CL,   76%
                                                                  IL, JO, MX, OM,
                                                                  P, PE, SG)
                                                                  8% (AU)
                                                                 See 9912.62.25,
                                                                  9912.62.27 (MA)
        ...............     Other:           ..................  ..................  .......................
        6203.43.25           Certified hand- 12.2%               Free (BH, CA, CL,   76%
                              loomed and                          IL, JO, MX, OM,
                              folklore                            P, PE, SG)
                              products.....                       8% (AU)
                                                                 See 9912.62.25,
                                                                  9912.62.28 (MA)
        ...............      Other:          ..................  ..................  .......................
        6203.43.30            Containing 36  49.6 cents/kg +     Free (BH, CA, CL,   52.9 cents/kg + 58.5%
                               percent or     19.7%               IL, JO, MX, OM,
                               more by                            P, PE, SG)
                               weight of                          8% (AU)
                               wool or fine                      See 9912.62.25,
                               animal hair.                       9912.62.29 (MA)
        ...............       Other:         ..................  ..................  .......................
        6203.43.35             Water         7.1%                Free (BH, CA, CL,   65%
                                resistant                         IL, JO, MX, P,
                                trousers or                       PE, SG)
                                breeches...                       6.3% (AU)
                                                                 See 9912.62.25-
                                                                  9912.62.26 (MA)

[[Page 14655]]

 
        6203.43.40             Other.......  27.9%               Free (BH, CA, CL,   90%                      ''
                                                                  IL, JO, MX, OM,                              .
                                                                  P, PE, SG)
                                                                  8% (AU)
                                                                 See 9912.62.25,
                                                                  9912.62.30 (MA)

       (20) By striking subheadings 6203.49 through 6203.49.80 and 
     inserting the following, with the article description for 
     subheading 6203.49 having the same degree of indentation as 
     the article description for subheading 6203.49 (as in effect 
     on the day before the date of the enactment of this Act):


``       6203.49          Of other textile     ...................  ...................  ...................
                           materials:
         6203.49.05         Recreational       Free                 ...................  76%
                             performance
                             outerwear.......
         ...............    Other:             ...................  ...................  ...................
         ...............     Of artificial     ...................  ...................  ...................
                              fibers:
         6203.49.10           Bib and brace    8.5%                 Free (BH, CA, CL,    76%
                               overalls......                        IL, JO, MA, MX,
                                                                     OM, P, PE, SG)
                                                                     7.6% (AU)
         ...............      Trousers,        ...................  ...................  ...................
                               breeches and
                               shorts:
         6203.49.15            Certified hand- 12.2%                Free (BH, CA, CL,    76%
                                loomed and                           IL, JO, MA, MX,
                                folklore                             OM, P, PE, SG)
                                products.....                        8% (AU)
         6203.49.20            Other.........  27.9%                Free (BH, CA, CL,    90%
                                                                     IL, JO, MA, MX,
                                                                     OM, P, PE, SG)
                                                                     8% (AU)
         6203.49.40          Containing 70     Free                 ...................  35%
                              percent or more
                              by weight of
                              silk or silk
                              waste..........
         6203.49.80          Other...........  2.8%                 Free (AU, BH, CA,    35%                  ''
                                                                     CL, E*, IL, JO,                           .
                                                                     MA, MX, OM, P, PE,
                                                                     SG)

       (21) By striking subheadings 6204.61.10 and 6204.61.90 and 
     inserting the following, with the article description for 
     subheading 6204.61.05 having the same degree of indentation 
     as the article description for subheading 6204.61.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``       6204.61.05       Recreational         Free                 ...................  58.5%
                           performance
                           outerwear.........
         ...............  Other:               ...................  ...................  ...................
         6204.61.10         Trousers and       7.6%                 Free (BH, CA, CL,    58.5%
                             breeches,                               IL, JO, MX, P, PE,
                             containing                              SG)
                             elastomeric                             5.3% (OM)
                             fiber, water                           6.8% (AU)
                             resistant,                             See 9912.62.57-
                             without belt                            9912.62.58 (MA)
                             loops, weighing
                             more than 6 kg
                             per dozen.......
         6204.61.90         Other............  13.6%                Free (BH, CA, CL,    58.5%                ''
                                                                     IL, JO, MX, P, PE,                        .
                                                                     SG)
                                                                     9.5% (OM)
                                                                    8% (AU)
                                                                    See 9912.62.57,
                                                                     9912.62.59 (MA)

       (22) By striking subheadings 6204.62.10 through 6204.62.40 
     and inserting the following, with the article description for 
     subheading 6204.62.05 having the same degree of indentation 
     as the article description for subheading 6204.62.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


[[Page 14656]]



``       6204.62.05       Recreational         Free                 ...................  60%
                           performance
                           outerwear.........
         ...............  Other:               ...................  ...................  ...................
         6204.62.10         Containing 15      Free                 ...................  60%
                             percent or more
                             by weight of
                             down and
                             waterfowl
                             plumage and of
                             which down
                             comprises 35
                             percent or more
                             by weight;
                             containing 10
                             percent or more
                             by weight of
                             down............
         ...............    Other:             ...................  ...................  ...................
         6204.62.20          Bib and brace     8.9%                 Free (BH, CA, CL,    90%
                              overalls.......                        IL, JO, MX, OM, P,
                                                                     PE, SG)
                                                                     8% (AU)
                                                                    See 9912.62.60-
                                                                     9912.62.61 (MA)
         ...............     Other:            ...................  ...................  ...................
         6204.62.30           Certified hand-  7.1%                 Free (BH, CA, CL,    37.5%
                               loomed and                            E, IL, JO, MX, OM,
                               folklore                              P, PE, SG)
                               products......                        6.3% (AU)
                                                                    See 9912.62.60,
                                                                     9912.62.62 (MA)
         6204.62.40           Other..........  16.6%                Free (BH, CA, CL,    90%                  ''
                                                                     IL, JO, MX, OM, P,                        .
                                                                     PE, SG)
                                                                     8% (AU)
                                                                    See 9912.62.60,
                                                                     9912.62.63 (MA)

       (23) By striking subheadings 6204.63.10 through 6204.63.35 
     and inserting the following, with the article description for 
     subheading 6204.63.05 having the same degree of indentation 
     as the article description for subheading 6204.63.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``       6204.63.05       Recreational         Free                 ...................  60%
                           performance
                           outerwear.........
         ...............  Other:               ...................  ...................  ...................
         6204.63.10         Containing 15      Free                 ...................  60%
                             percent or more
                             by weight of
                             down and
                             waterfowl
                             plumage and of
                             which down
                             comprises 35
                             percent or more
                             by weight;
                             containing 10
                             percent or more
                             by weight of
                             down............
         ...............    Other:             ...................  ...................  ...................
         ...............     Bib and brace     ...................  ...................  ...................
                              overalls:
         6204.63.12           Water resistant  7.1%                 Free (BH, CA, CL,    65%
                                                                     IL, JO, MX, OM, P,
                                                                     PE, SG)
                                                                     6.3% (AU)
                                                                    See 9912.62.64-
                                                                     9912.62.65 (MA)
         6204.63.15           Other..........  14.9%                Free (BH, CA, CL,    76%
                                                                     IL, JO, MX, OM, P,
                                                                     PE, SG)
                                                                     8% (AU)
                                                                    See 9912.62.64,
                                                                     9912.62.66 (MA)
         ...............     Other:            ...................  ...................  ...................

[[Page 14657]]

 
         6204.63.20           Certified hand-  11.3%                Free (BH, CA, CL,    76%
                               loomed and                            E, IL, JO, MX, OM,
                               folklore                              P, PE, SG)
                               products......                        8% (AU)
                                                                    See 9912.62.64,
                                                                     9912.62.67 (MA)
         ...............      Other:           ...................  ...................  ...................
         6204.63.25            Containing 36   13.6%                Free (BH, CA, CL,    58.5%
                                percent or                           IL, JO, MX, OM, P,
                                more by                              PE, SG)
                                weight of                            8% (AU)
                                wool or fine                        See 9912.62.64,
                                animal hair..                        9912.62.68 (MA)
         ...............       Other:          ...................  ...................  ...................
         6204.63.30             Water          7.1%                 Free (BH, CA, CL,    65%
                                 resistant                           IL, JO, MX, OM, P,
                                 trousers or                         PE, SG)
                                 breeches....                        6.3% (AU)
                                                                    See 9912.62.64-
                                                                     9912.62.65 (MA)
         6204.63.35             Other........  28.6%                Free (BH, CA, CL,    90%                  ''
                                                                     IL, JO, MX, OM, P,                        .
                                                                     PE, SG)
                                                                     8% (AU)
                                                                    See 9912.62.64,
                                                                     9912.62.69 (MA)

       (24) By striking subheadings 6204.69 through 6204.69.90 and 
     inserting the following, with the article description for 
     subheading 6204.69 having the same degree of indentation as 
     the article description for subheading 6204.69 (as in effect 
     on the day before the date of the enactment of this Act):


``       6204.69          Of other textile     ...................  ...................  ...................
                           materials:
         6204.69.05         Recreational       Free                 ...................  76%
                             performance
                             outerwear.......
         ...............    Other:             ...................  ...................  ...................
         ...............     Of artificial     ...................  ...................  ...................
                              fibers:
         6204.69.10           Bib and brace    13.6%                Free (BH, CA, CL,    76%
                               overalls......                        IL, JO, MX, OM, P,
                                                                     PE, SG)
                                                                     8% (AU)
                                                                    See 9912.62.70-
                                                                     9912.62.71 (MA)
         ...............      Trousers,        ...................  ...................  ...................
                               breeches and
                               shorts:
         6204.69.20            Containing 36   13.6%                Free (BH, CA, CL,    58.5%
                                percent or                           IL, JO, MX, OM, P,
                                more by                              PE, SG)
                                weight of                            8% (AU)
                                wool or fine                        See 9912.62.70-
                                animal hair..                        9912.62.71 (MA)

[[Page 14658]]

 
         6204.69.25            Other.........  28.6%                Free (BH, CA, CL,    90%
                                                                     IL, JO, MX, OM, P,
                                                                     PE, SG)
                                                                     8% (AU)
                                                                    See 9912.62.70,
                                                                     9912.62.72 (MA)
         ...............     Of silk or silk   ...................  ...................  ...................
                              waste:
         6204.69.40           Containing 70    1.1%                 Free (AU, BH, CA,    65%
                               percent or                            CL, E, IL, J, JO,
                               more by weight                        MX, OM, P, PE, SG)
                               of silk waste.                        See 9912.62.70,
                                                                     9912.62.73 (MA)
         6204.69.60           Other..........  7.1%                 Free (BH, CA, CL,    65%
                                                                     E*, IL, JO, MX,
                                                                     OM, P, PE, SG)
                                                                     6.3% (AU)
                                                                    See 9912.62.70,
                                                                     9912.62.74 (MA)
         6204.69.90          Other...........  2.8%                 Free (AU, BH, CA,    35%                  ''
                                                                     CL, E*, IL, JO,                           .
                                                                     MX, OM, P, PE, SG)
                                                                     See 9912.62.70,
                                                                     9912.62.75 (MA)

       (25) By striking subheading 6211.32.00 and inserting the 
     following, with the article description for subheading 
     6211.32 having the same degree of indentation as the article 
     description for subheading 6211.32.00 (as in effect on the 
     day before the date of the enactment of this Act):


``       6211.32          Of cotton:           ...................  ...................  ...................
         6211.32.05         Recreational       Free                 ...................  90%
                             performance
                             outerwear.......
         6211.32.10         Other............  8.1%                 Free (AU, BH, CA,    90%                  ''
                                                                     CL, IL, JO, MA,                           .
                                                                     MX, P, PE, SG)
                                                                     3.2% (OM)

       (26) By striking subheading 6211.33.00 and inserting the 
     following, with the article description for subheading 
     6211.33 having the same degree of indentation as the article 
     description for subheading 6211.33.00 (as in effect on the 
     day before the date of the enactment of this Act):


``       6211.33          Of man-made fibers:  ...................  ...................  ...................
         6211.33.05         Recreational       Free                 ...................  76%
                             performance
                             outerwear.......
         6211.33.10         Other............  16%                  Free (AU, BH, CA,    76%                  ''
                                                                     CL, IL, JO, MX, P,                        .
                                                                     PE, SG)
                                                                     11.2% (OM)
                                                                    See 9912.62.99-
                                                                     9912.63.00 (MA)

       (27) By striking subheadings 6211.39 and 6211.39.05 and 
     inserting the following, with the article description for 
     subheading 6211.39 having the same degree of indentation as 
     the article description for subheading 6211.39 (as in effect 
     on the day before the date of the enactment of this Act):


``       6211.39          Of other textile     ...................  ...................  ...................
                           materials:
         6211.39.04         Recreational       Free                 ...................  58.5%
                             performance
                             outerwear.......

[[Page 14659]]

 
         6211.39.08         Of wool or fine    12%                  Free (AU, BH, CA,    58.5%                ''
                             animal hair.....                        CL, IL, JO, MA,                           .
                                                                     MX, P, PE, SG)
                                                                     8.4% (OM)

       (28) By striking subheading 6211.41.00 and inserting the 
     following, with the article description for subheading 
     6211.41 having the same degree of indentation as the article 
     description for subheading 6211.41.00 (as in effect on the 
     day before the date of the enactment of this Act):


``       6211.41          Of wool or fine      ...................  ...................  ...................
                           animal hair:
         6211.41.05         Recreational       Free                 ...................  58.5%
                             performance
                             outerwear.......
         6211.41.10         Other............  12%                  Free (BH, CA, CL,    58.5%                ''
                                                                     IL, JO, MA, MX, P,                        .
                                                                     PE, SG)
                                                                     8% (AU)
                                                                    8.4% (OM)

       (29) By striking subheading 6211.42.00 and inserting the 
     following, with the article description for subheading 
     6211.42 having the same degree of indentation as the article 
     description for subheading 6211.42.00 (as in effect on the 
     day before the date of the enactment of this Act):


``       6211.42          Of cotton:           ...................  ...................  ...................
         6211.42.05         Recreational       Free                 ...................  90%
                             performance
                             outerwear.......
         6211.42.10         Other............  8.1%                 Free (BH, CA, CL,    90%                  ''
                                                                     IL, JO, MX, P, PE,                        .
                                                                     SG)
                                                                     3.2% (OM)
                                                                    7.2% (AU)
                                                                    See 9912.63.01-
                                                                     9912.63.02 (MA)

       (30) By striking subheading 6211.43.00 and inserting the 
     following, with the article description for subheading 
     6211.43 having the same degree of indentation as the article 
     description for subheading 6211.43.00 (as in effect on the 
     day before the date of the enactment of this Act):


``       6211.43          Of man-made fibers:  ...................  ...................  ...................
         6211.43.05         Recreational       Free                 ...................  90%
                             performance
                             outerwear.......
         6211.43.10         Other............  16%                  Free (BH, CA, CL,    90%                  ''
                                                                     IL, JO, MA, MX, P,                        .
                                                                     PE, SG)
                                                                     8% (AU)
                                                                    11.2% (OM)

       (31) By striking subheadings 6211.49.10 and 6211.49.90 and 
     inserting the following, with the article description for 
     subheading 6211.49.05 having the same degree of indentation 
     as the article description for subheading 6211.49.10 (as in 
     effect on the day before the date of the enactment of this 
     Act):


``       6211.49.05       Recreational         Free                 ...................  35%
                           performance
                           outerwear.........
         ...............  Other:               ...................  ...................  ...................
         6211.49.10         Containing 70      1.2%                 Free (AU, BH, CA,    35%
                             percent or more                         CL, E, IL, J, JO,
                             by weight or                            MA, MX, OM, P, PE,
                             silk or silk                            SG)
                             waste...........
         6211.49.90         Other............  7.3%                 Free (BH, CA, CL,    35%                  ''
                                                                     E, IL, J, JO, MA,                         .
                                                                     MX, OM, P, PE, SG)
                                                                     6.5% (AU)

     SEC. _05. SUSTAINABLE TEXTILE AND APPAREL RESEARCH FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States the Sustainable Textile and Apparel 
     Research Fund (in this section referred to as the ``STAR 
     Fund'').
       (b) Deposits.--There shall be deposited into the STAR Fund 
     amounts equal to the fees collected on recreational 
     performance outerwear under subsection (d).
       (c) Board of Directors.--
       (1) In general.--The STAR Fund shall be administered by a 
     board of directors (in this section referred to as the 
     ``Board'') composed of 5 individuals familiar with the 
     recreational performance outerwear textile and apparel 
     industry, including the production of raw materials and the 
     finished products thereof, who shall be appointed by the 
     President.
       (2) Members.--Not fewer than 2 of the individuals appointed 
     to the Board under paragraph (1) shall be representatives of 
     entities involved in the production of fabrics or raw 
     materials for use in recreational performance outerwear in 
     the United States, and not

[[Page 14660]]

     fewer than 2 of such individuals shall be representatives of 
     entities involved in the production of recreational 
     performance outerwear that pay the fees imposed on the 
     importation of such outerwear under subsection (d).
       (3) Ineligible individuals.--The President may not appoint 
     individuals to the Board under paragraph (1) who are 
     representatives of entities not involved in the production of 
     recreational performance outerwear, such as customs brokers, 
     converters, forwarders, or shippers.
       (d) Funding.--
       (1) Fee.--In addition to any other fee authorized by law, 
     the Secretary of the Treasury shall charge and collect upon 
     entry, or withdrawal from warehouse for consumption, a fee of 
     1.5 percent of the appraised value of imported garments (as 
     determined under section 402 of the Tariff Act of 1930 (19 
     U.S.C. 1401a)) that are classifiable under the Harmonized 
     Tariff Schedule of the United States as recreational 
     performance outerwear (as defined in Additional U.S. Note 2 
     to chapter 61 and Additional U.S. Note 3 to chapter 62 of the 
     Harmonized Tariff Schedule of the United States).
       (2) Exclusions.--The assessment of fees under paragraph (1) 
     shall not apply to imports of recreational performance 
     outerwear from the following:
       (A) Any country that is party to a free trade agreement 
     with the United States that--
       (i) is in effect on the day before the date of the 
     enactment of this Act; or
       (ii) enters into force under the Bipartisan Trade Promotion 
     Authority Act of 2002 (19 U.S.C. 3801 et seq.), or similar 
     subsequent authority.
       (B) Any country designated as a CBTPA beneficiary country 
     under section 213(b)(5)(B) of the Caribbean Basin Economic 
     Recovery Act (19 U.S.C. 2703(b)(5)(B)).
       (C) Any country designated as a beneficiary sub-Saharan 
     African country under section 506A(a)(1) of the Trade Act of 
     1974 (19 U.S.C. 2466a(a)(1)), if the President has determined 
     that the country has satisfied the requirements of section 
     113(a) of the African Growth and Opportunity Act (19 U.S.C. 
     3722(a)), and has published that determination in the Federal 
     Register.
       (D) Any country that was designated as an ATPDEA 
     beneficiary country under section 204(b)(6)(B) of the Andean 
     Trade Preference Act (19 U.S.C. 3203(b)(6)(B)) on February 
     12, 2011.
       (3) Termination.--The fee under paragraph (1) shall apply 
     only to entries, or withdrawals from warehouse for 
     consumption, that are made during the 10-year period 
     beginning on the date of the enactment of this Act.
       (e) Distribution.--
       (1) Quarterly distributions.--The Secretary of Commerce, 
     upon a majority vote of the Board, taken annually, shall, not 
     later than 60 days after the end of each calendar quarter, 
     distribute amounts in the STAR Fund to one or more entities 
     that the Board considers appropriate to use the funds in 
     accordance with subsection (f).
       (2) Eligibility requirements.--An entity may receive funds 
     under paragraph (1) only if the entity--
       (A) is an organization described in section 501(c)(6) of 
     the Internal Revenue Code of 1986 that is exempt from tax 
     under section 501(a) of such Code;
       (B) is an organization having at least 10 years of 
     experience providing applied research, technology 
     development, and education to all parts of the textile and 
     apparel supply chain, with a research capability demonstrated 
     through past research programs involving supply chain 
     management, product development, fit specifications, 
     operations management, lean manufacturing, or digital supply 
     chain technologies on behalf of the textile and sewn products 
     industries in the United States; and
       (C) is comprised of members representing the following 
     segments of the supply chain:
       (i) One or more of the following types of producers: fiber, 
     yarn, or fabric producers in the United States.
       (ii) Apparel producers in the United States.
       (iii) Retail companies in the United States.
       (f) Use of Funds.--Funds distributed under subsection (e) 
     may be used only to conduct applied research, development, 
     and education activities to enhance the competitiveness of 
     businesses in the United States in clean, eco-friendly 
     apparel, other textile and apparel articles, and sewn-product 
     design and manufacturing.
       (g) Requirements.--The Secretary of Commerce may impose 
     such requirements on the use of funds distributed under 
     subsection (e) as the Secretary considers necessary to ensure 
     compliance with subsection (f), including requiring reporting 
     and assurances by the entities using the funds.
       (h) Reports to Congress.--The Secretary of Commerce shall 
     submit to Congress a report, not later than April 1 of each 
     year, explaining in detail how amounts in the STAR Fund were 
     distributed under subsection (e) and used under subsection 
     (f) during the preceding calendar year.

     SEC. _06. EFFECTIVE DATE.

       This title and the amendments made by this title shall--
       (1) take effect on the 15th day after the date of the 
     enactment of this Act; and
       (2) apply to articles entered, or withdrawn from warehouse 
     for consumption, on or after such day.
                                 ______
                                 
  SA 715. Mr. WYDEN (for himself, Ms. Snowe, Mr. Schumer, Mr. Portman, 
Mr. Blunt, and Mrs. McCaskill) submitted an amendment intended to be 
proposed by him to the bill S. 1619, to provide for identification of 
misaligned currency, require action to correct the misalignment, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

TITLE __--PREVENTION OF EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY 
                                 ORDERS

     SECTION _01. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the 
     ``Enforcing Orders and Reducing Customs Evasion Act of 
     2011''.
       (b) Table of Contents.--The table of contents for this 
     title is as follows:

Sec. _01. Short title; table of contents.

                         Subtitle A--Procedures

Sec. _11. Procedures for investigating claims of evasion of antidumping 
              and countervailing duty orders.
Sec. _12. Application to Canada and Mexico.

                       Subtitle B--Other Matters

Sec. _21. Definitions.
Sec. _22. Allocation of U.S. Customs and Border Protection personnel.
Sec. _23. Regulations.
Sec. _24. Annual report on prevention of evasion of antidumping and 
              countervailing duty orders.
Sec. _25. Government Accountability Office report on reliquidation 
              authority.

                         Subtitle A--Procedures

     SEC. _11. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION OF 
                   ANTIDUMPING AND COUNTERVAILING DUTY ORDERS.

       (a) In General.--The Tariff Act of 1930 is amended by 
     inserting after section 516A (19 U.S.C. 1516a) the following:

     ``SEC. 516B. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION 
                   OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS.

       ``(a) Definitions.--In this section:
       ``(1) Administering authority.--The term `administering 
     authority' has the meaning given that term in section 771(1).
       ``(2) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Finance and the Committee on 
     Appropriations of the Senate; and
       ``(B) the Committee on Ways and Means and the Committee on 
     Appropriations of the House of Representatives.
       ``(3) Commissioner.--The term `Commissioner' means the 
     Commissioner responsible for U.S. Customs and Border 
     Protection.
       ``(4) Covered merchandise.--The term `covered merchandise' 
     means merchandise that is subject to--
       ``(A) an antidumping duty order issued under section 736;
       ``(B) a finding issued under the Antidumping Act, 1921; or
       ``(C) a countervailing duty order issued under section 706.
       ``(5) Enter; entry.--The terms `enter' and `entry' refer to 
     the entry, or withdrawal from warehouse for consumption, in 
     the customs territory of the United States.
       ``(6) Evade; evasion.--The terms `evade' and `evasion' 
     refer to entering covered merchandise into the customs 
     territory of the United States by means of any document or 
     electronically transmitted data or information, written or 
     oral statement, or act that is material and false, or any 
     omission that is material, and that results in any cash 
     deposit or other security or any amount of applicable 
     antidumping or countervailing duties being reduced or not 
     being applied with respect to the merchandise.
       ``(7) Interested party.--The term `interested party' has 
     the meaning given that term in section 771(9).
       ``(b) Procedures for Investigating Allegations of 
     Evasion.--
       ``(1) Initiation by petition or referral.--
       ``(A) In general.--Not later than 10 days after the date on 
     which the Commissioner receives a petition described in 
     subparagraph (B) or a referral described in subparagraph (C), 
     the Commissioner shall initiate an investigation pursuant to 
     this paragraph if the Commissioner determines that the 
     information provided in the petition or the referral, as the 
     case may be, is accurate and reasonably suggests that covered 
     merchandise has been entered into the customs territory of 
     the United States through evasion.
       ``(B) Petition described.--A petition described in this 
     subparagraph is a petition that--
       ``(i) is filed with the Commissioner by any party who is an 
     interested party with respect to covered merchandise;

[[Page 14661]]

       ``(ii) alleges that a person has entered covered 
     merchandise into the customs territory of the United States 
     through evasion; and
       ``(iii) is accompanied by information reasonably available 
     to the petitioner supporting the allegation.
       ``(C) Referral described.--A referral described in this 
     subparagraph is information submitted to the Commissioner by 
     any other Federal agency, including the Department of 
     Commerce or the United States International Trade Commission, 
     indicating that a person has entered covered merchandise into 
     the customs territory of the United States through evasion.
       ``(2) Determinations.--
       ``(A) Preliminary determination.--
       ``(i) In general.--Not later than 90 days after the date on 
     which the Commissioner initiates an investigation under 
     paragraph (1), the Commissioner shall issue a preliminary 
     determination, based on information available to the 
     Commissioner at the time of the determination, with respect 
     to whether there is a reasonable basis to believe or suspect 
     that the covered merchandise was entered into the customs 
     territory of the United States through evasion.
       ``(ii) Extension.--The Commissioner may extend by not more 
     than 45 days the time period specified in clause (i) if the 
     Commissioner determines that sufficient information to make a 
     preliminary determination under that clause is not available 
     within that time period or the inquiry is unusually complex.
       ``(B) Final determination.--
       ``(i) In general.--Not later than 120 days after making a 
     preliminary determination under subparagraph (A), the 
     Commissioner shall make a final determination, based on 
     substantial evidence, with respect to whether covered 
     merchandise was entered into the customs territory of the 
     United States through evasion.
       ``(ii) Extension.--The Commissioner may extend by not more 
     than 60 days the time period specified in clause (i) if the 
     Commissioner determines that sufficient information to make a 
     final determination under that clause is not available within 
     that time period or the inquiry is unusually complex.
       ``(C) Opportunity for comment; hearing.--Before issuing a 
     preliminary determination under subparagraph (A) or a final 
     determination under subparagraph (B) with respect to whether 
     covered merchandise was entered into the customs territory of 
     the United States through evasion, the Commissioner shall--
       ``(i) provide any person alleged to have entered the 
     merchandise into the customs territory of the United States 
     through evasion, and any person that is an interested party 
     with respect to the merchandise, with an opportunity to be 
     heard;
       ``(ii) upon request, hold a hearing with respect to whether 
     the covered merchandise was entered into the customs 
     territory of the United States through evasion; and
       ``(iii) provide an opportunity for public comment.
       ``(D) Authority to collect and verify additional 
     information.--In making a preliminary determination under 
     subparagraph (A) or a final determination under subparagraph 
     (B), the Commissioner--
       ``(i) shall exercise all existing authorities to collect 
     information needed to make the determination; and
       ``(ii) may collect such additional information as is 
     necessary to make the determination through such methods as 
     the Commissioner considers appropriate, including by--

       ``(I) issuing a questionnaire with respect to covered 
     merchandise to--

       ``(aa) a person that filed a petition under paragraph 
     (1)(B);
       ``(bb) a person alleged to have entered covered merchandise 
     into the customs territory of the United States through 
     evasion; or
       ``(cc) any other person that is an interested party with 
     respect to the covered merchandise; or

       ``(II) conducting verifications, including on-site 
     verifications, of any relevant information.

       ``(E) Adverse inference.--
       ``(i) In general.--If the Commissioner finds that a person 
     that filed a petition under paragraph (1)(B), a person 
     alleged to have entered covered merchandise into the customs 
     territory of the United States through evasion, or a foreign 
     producer or exporter, has failed to cooperate by not acting 
     to the best of the person's ability to comply with a request 
     for information, the Commissioner may, in making a 
     preliminary determination under subparagraph (A) or a final 
     determination under subparagraph (B), use an inference that 
     is adverse to the interests of that person in selecting from 
     among the facts otherwise available to determine whether 
     evasion has occurred.
       ``(ii) Adverse inference described.--An adverse inference 
     used under clause (i) may include reliance on information 
     derived from--

       ``(I) the petition, if any, submitted under paragraph 
     (1)(B) with respect to the covered merchandise;
       ``(II) a determination by the Commissioner in another 
     investigation under this section;
       ``(III) an investigation or review by the administering 
     authority under title VII; or
       ``(IV) any other information placed on the record.

       ``(F) Notification and publication.--Not later than 7 days 
     after making a preliminary determination under subparagraph 
     (A) or a final determination under subparagraph (B), the 
     Commissioner shall--
       ``(i) provide notification of the determination to--

       ``(I) the administering authority; and
       ``(II) the person that submitted the petition under 
     paragraph (1)(B) or the Federal agency that submitted the 
     referral under paragraph (1)(C); and

       ``(ii) provide the determination for publication in the 
     Federal Register.
       ``(3) Business proprietary information.--
       ``(A) Establishment of procedures.--For each investigation 
     initiated under paragraph (1), the Commissioner shall 
     establish procedures for the submission of business 
     proprietary information under an administrative protective 
     order that--
       ``(i) protects against public disclosure of such 
     information; and
       ``(ii) for purposes of submitting comments to the 
     Commissioner, provides limited access to such information 
     for--

       ``(I) the person that submitted the petition under 
     paragraph (1)(B) or the Federal agency that submitted the 
     referral under paragraph (1)(C); and
       ``(II) the person alleged to have entered covered 
     merchandise into the customs territory of the United States 
     through evasion.

       ``(B) Administration in accordance with other procedures.--
     The procedures established under subparagraph (A) shall be 
     administered--
       ``(i) to the maximum extent practicable, in a manner 
     similar to the manner in which the administering authority 
     administers the administrative protective order procedures 
     under section 777;
       ``(ii) in accordance with section 1905 of title 18, United 
     States Code; and
       ``(iii) in a manner that is consistent with the obligations 
     of the United States under the Agreement on Implementation of 
     Article VII of the General Agreement on Tariffs and Trade 
     1994 (referred to in section 101(d)(8) of the Uruguay Round 
     Agreements Act (19 U.S.C. 3511(d)(8)) (relating to customs 
     valuation).
       ``(C) Disclosure of business proprietary information.--The 
     Commissioner shall, in accordance with the procedures 
     established under subparagraph (A) and consistent with 
     subparagraph (B), make all business proprietary information 
     presented to, or obtained by, the Commissioner during an 
     investigation available to the persons specified in 
     subparagraph (A)(ii) under an administrative protective 
     order, regardless of when such information is submitted 
     during an investigation.
       ``(4) Referrals to other federal agencies.--
       ``(A) After preliminary determination.--Notwithstanding 
     section 777 and subject to subparagraph (C), when the 
     Commissioner makes an affirmative preliminary determination 
     under paragraph (2)(A), the Commissioner shall, at the 
     request of the head of another Federal agency, transmit the 
     administrative record to the head of that agency.
       ``(B) After final determination.--Notwithstanding section 
     777 and subject to subparagraph (C), when the Commissioner 
     makes an affirmative final determination under paragraph 
     (2)(B), the Commissioner shall, at the request of the head of 
     another Federal agency, transmit the complete administrative 
     record to the head of that agency.
       ``(C) Protective orders.--Before transmitting an 
     administrative record to the head of another Federal agency 
     under subparagraph (A) or (B), the Commissioner shall verify 
     that the other agency has in effect with respect to the 
     administrative record a protective order that provides the 
     same or a similar level of protection for the information in 
     the administrative record as the protective order in effect 
     with respect to such information under this subsection.
       ``(c) Effect of Determinations.--
       ``(1) Effect of affirmative preliminary determination.--If 
     the Commissioner makes a preliminary determination in 
     accordance with subsection (b)(2)(A) that there is a 
     reasonable basis to believe or suspect that covered 
     merchandise was entered into the customs territory of the 
     United States through evasion, the Commissioner shall--
       ``(A) suspend the liquidation of each unliquidated entry of 
     the covered merchandise that is subject to the preliminary 
     determination and that entered on or after the date of the 
     initiation of the investigation under paragraph (1);
       ``(B) pursuant to the Commissioner's authority under 
     section 504(b), extend the period in which to liquidate each 
     unliquidated entry of the covered merchandise that is subject 
     to the preliminary determination and that entered before the 
     date of the initiation of the investigation under paragraph 
     (1);
       ``(C) review and reassess the amount of bond or other 
     security the importer is required to post for each entry of 
     merchandise described in subparagraph (A) or (B);
       ``(D) require the posting of a cash deposit with respect to 
     each entry of merchandise described in subparagraph (A) or 
     (B); and
       ``(E) take such other measures as the Commissioner 
     determines appropriate to ensure the collection of any duties 
     that may be

[[Page 14662]]

     owed with respect to merchandise described in subparagraph 
     (A) or (B) as a result of a final determination under 
     subsection (b)(2)(B).
       ``(2) Effect of negative preliminary determination.--If the 
     Commissioner makes a preliminary determination in accordance 
     with subsection (b)(2)(A) that there is not a reasonable 
     basis to believe or suspect that covered merchandise was 
     entered into the customs territory of the United States 
     through evasion, the Commissioner shall continue the 
     investigation and notify the administering authority pending 
     a final determination under subsection (b)(2)(B).
       ``(3) Effect of affirmative final determination.--If the 
     Commissioner makes a final determination in accordance with 
     subsection (b)(2)(B) that covered merchandise was entered 
     into the customs territory of the United States through 
     evasion, the Commissioner shall--
       ``(A) suspend or continue to suspend, as the case may be, 
     the liquidation of each entry of the covered merchandise that 
     is subject to the determination and that enters on or after 
     the date of the determination;
       ``(B) pursuant to the Commissioner's authority under 
     section 504(b), extend or continue to extend, as the case may 
     be, the period in which to liquidate each entry of the 
     covered merchandise that is subject to the determination and 
     that entered before the date of the determination;
       ``(C) notify the administering authority of the 
     determination and request that the administering authority--
       ``(i) identify the applicable antidumping or countervailing 
     duty assessment rate for the entries for which liquidation is 
     suspended or extended under subparagraph (A) or (B) of 
     paragraph (1) or subparagraph (A) or (B) of this paragraph; 
     or
       ``(ii) if no such assessment rates are available at the 
     time, identify the applicable cash deposit rate to be applied 
     to the entries described in subparagraph (A) or (B), with the 
     applicable antidumping or countervailing duty assessment 
     rates to be provided as soon as such rates become available;
       ``(D) require the posting of cash deposits and assess 
     duties on each entry of merchandise described in subparagraph 
     (A) or (B) in accordance with the instructions received from 
     the administering authority under paragraph (5);
       ``(E) review and reassess the amount of bond or other 
     security the importer is required to post for merchandise 
     described in subparagraph (A) or (B) to ensure the protection 
     of revenue and compliance with the law; and
       ``(F) take such additional enforcement measures as the 
     Commissioner determines appropriate, such as--
       ``(i) initiating proceedings under section 592 or 596;
       ``(ii) implementing, in consultation with the relevant 
     Federal agencies, rule sets or modifications to rules sets 
     for identifying, particularly through the Automated Targeting 
     System and the Automated Commercial Environment, importers, 
     other parties, and merchandise that may be associated with 
     evasion;
       ``(iii) requiring, with respect to merchandise for which 
     the importer has repeatedly provided incomplete or erroneous 
     entry summary information in connection with determinations 
     of evasion, the importer to submit entry summary 
     documentation and to deposit estimated duties at the time of 
     entry;
       ``(iv) referring the record in whole or in part to U.S. 
     Immigration and Customs Enforcement for civil or criminal 
     investigation; and
       ``(v) transmitting the administrative record to the 
     administering authority for further appropriate proceedings.
       ``(4) Effect of negative final determination.--If the 
     Commissioner makes a final determination in accordance with 
     subsection (b)(2)(B) that covered merchandise was not entered 
     into the customs territory of the United States through 
     evasion, the Commissioner shall terminate the suspension or 
     extension of liquidation pursuant to subparagraph (A) or (B) 
     of paragraph (1) and refund any cash deposits collected 
     pursuant to paragraph (1)(D) that are in excess of the cash 
     deposit rate that would otherwise have been applicable the 
     merchandise.
       ``(5) Cooperation of administering authority.--
       ``(A) In general.--Upon receiving a notification from the 
     Commissioner under paragraph (3)(C), the administering 
     authority shall promptly provide to the Commissioner the 
     applicable cash deposit rates and antidumping or 
     countervailing duty assessment rates and any necessary 
     liquidation instructions.
       ``(B) Special rule for cases in which the producer or 
     exporter is unknown.--If the Commissioner and administering 
     authority are unable to determine the producer or exporter of 
     the merchandise with respect to which a notification is made 
     under paragraph (3)(C), the administering authority shall 
     identify, as the applicable cash deposit rate or antidumping 
     or countervailing duty assessment rate, the cash deposit or 
     duty (as the case may be) in the highest amount applicable to 
     any producer or exporter, including the `all-others' rate of 
     the merchandise subject to an antidumping order or 
     countervailing duty order under section 736 or 706, 
     respectively, or a finding issued under the Antidumping Act, 
     1921, or any administrative review conducted under section 
     751.
       ``(d) Special Rules.--
       ``(1) Effect on other authorities.--Neither the initiation 
     of an investigation under subsection (b)(1) nor a preliminary 
     determination or a final determination under subsection 
     (b)(2) shall affect the authority of the Commissioner--
       ``(A) to pursue such other enforcement measures with 
     respect to the evasion of antidumping or countervailing 
     duties as the Commissioner determines necessary, including 
     enforcement measures described in clauses (i) through (iv) of 
     subsection (c)(3)(F); or
       ``(B) to assess any penalties or collect any applicable 
     duties, taxes, and fees, including pursuant to section 592.
       ``(2) Effect of determinations on fraud actions.--Neither a 
     preliminary determination nor a final determination under 
     subsection (b)(2) shall be determinative in a proceeding 
     under section 592.
       ``(3) Negligence or intent.--The Commissioner shall 
     investigate and make a preliminary determination or a final 
     determination under this section with respect to whether a 
     person has entered covered merchandise into the customs 
     territory of the United States through evasion without regard 
     to whether the person--
       ``(A) intended to violate an antidumping duty order or 
     countervailing duty order under section 736 or 706, 
     respectively, or a finding issued under the Antidumping Act, 
     1921; or
       ``(B) exercised reasonable care with respect to avoiding a 
     violation of such an order or finding.''.
       (b) Technical Amendment.--Clause (ii) of section 
     777(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 
     1677f(b)(1)(A)) is amended to read as follows:
       ``(ii) to an officer or employee of U.S. Customs and Border 
     Protection who is directly involved in conducting an 
     investigation regarding fraud under this title or claims of 
     evasion under section 516B.''.
       (c) Judicial Review.--Section 516A(a)(2) of the Tariff Act 
     of 1930 (19 U.S.C. 1516a(a)(2)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (i)(III), by striking ``or'' at the end;
       (B) in clause (ii), by adding ``or'' at the end; and
       (C) by inserting after clause (ii) the following:
       ``(iii) the date of publication in the Federal Register of 
     a determination described in clause (ix) of subparagraph 
     (B),''; and
       (2) in subparagraph (B), by adding at the end the following 
     new clause:
       ``(ix) A determination by the Commissioner responsible for 
     U.S. Customs and Border Protection under section 516B that 
     merchandise has been entered into the customs territory of 
     the United States through evasion.''.
       (d) Finality of Determinations.--Section 514(b) of the 
     Tariff Act of 1930 (19 U.S.C. 1514(b)) is amended by striking 
     ``section 303'' and all that follows through ``which are 
     reviewable'' and inserting ``section 516B or title VII that 
     are reviewable''.

     SEC. _12. APPLICATION TO CANADA AND MEXICO.

       Pursuant to article 1902 of the North American Free Trade 
     Agreement and section 408 of the North American Free Trade 
     Agreement Implementation Act (19 U.S.C. 3438), the amendments 
     made by this title shall apply with respect to goods from 
     Canada and Mexico.

                       Subtitle B--Other Matters

     SEC. _21. DEFINITIONS.

       In this subtitle, the terms ``appropriate congressional 
     committees'', ``Commissioner'', ``covered merchandise'', 
     ``enter'' and ``entry'', and ``evade'' and ``evasion'' have 
     the meanings given those terms in section 516B(a) of the 
     Tariff Act of 1930 (as added by section _11 of this title).

     SEC. _22. ALLOCATION OF U.S. CUSTOMS AND BORDER PROTECTION 
                   PERSONNEL.

       (a) Reassignment and Allocation.--The Commissioner shall, 
     to the maximum extent possible, ensure that U.S. Customs and 
     Border Protection--
       (1) employs sufficient personnel who have expertise in, and 
     responsibility for, preventing the entry of covered 
     merchandise into the customs territory of the United States 
     through evasion; and
       (2) on the basis of risk assessment metrics, assigns 
     sufficient personnel with primary responsibility for 
     preventing the entry of covered merchandise into the customs 
     territory of the United States through evasion to the ports 
     of entry in the United States at which the Commissioner 
     determines potential evasion presents the most substantial 
     threats to the revenue of the United States.
       (b) Commercial Enforcement Officers.--Not later than 
     September 30, 2011, the Secretary of Homeland Security, the 
     Commissioner, and the Assistant Secretary for U.S. 
     Immigration and Customs Enforcement shall assess and properly 
     allocate the resources of U.S. Customs and Border Protection 
     and U.S. Immigration and Customs Enforcement--
       (1) to effectively implement the provisions of, and 
     amendments made by, this Act; and

[[Page 14663]]

       (2) to improve efforts to investigate and combat evasion.

     SEC. _23. REGULATIONS.

       (a) In General.--Not later than 240 days after the date of 
     the enactment of this Act, the Commissioner shall issue 
     regulations to carry out this title and the amendments made 
     by title I.
       (b) Cooperation Between U.S. Customs and Border Protection, 
     U.S. Immigration and Customs Enforcement, and Department of 
     Commerce.--Not later than 240 days after the date of the 
     enactment of this Act, the Commissioner, the Assistant 
     Secretary for U.S. Immigration and Customs Enforcement, and 
     the Secretary of Commerce shall establish procedures to 
     ensure maximum cooperation and communication between U.S. 
     Customs and Border Protection, U.S. Immigration and Customs 
     Enforcement, and the Department of Commerce in order to 
     quickly, efficiently, and accurately investigate allegations 
     of evasion under section 516B of the Tariff Act of 1930 (as 
     added by section _11 of this Act).

     SEC. _24. ANNUAL REPORT ON PREVENTION OF EVASION OF 
                   ANTIDUMPING AND COUNTERVAILING DUTY ORDERS.

       (a) In General.--Not later than February 28 of each year, 
     beginning in 2012, the Commissioner, in consultation with the 
     Secretary of Commerce, shall submit to the appropriate 
     congressional committees a report on the efforts being taken 
     pursuant to section 516B of the Tariff Act of 1930 (as added 
     by section _11 of this title) to prevent the entry of covered 
     merchandise into the customs territory of the United States 
     through evasion.
       (b) Contents.--Each report required under subsection (a) 
     shall include--
       (1) for the fiscal year preceding the submission of the 
     report--
       (A) the number and a brief description of petitions and 
     referrals received pursuant to section 516B(b)(1) of the 
     Tariff Act of 1930 (as added by section _11 of this title);
       (B) the results of the investigations initiated under such 
     section, including any related enforcement actions, and the 
     amount of antidumping and countervailing duties collected as 
     a result of those investigations; and
       (C) to the extent appropriate, a summary of the efforts of 
     U.S. Customs and Border Protection, other than efforts 
     initiated pursuant section 516B of the Tariff Act of 1930 (as 
     added by section _11 of this title), to prevent the entry of 
     covered merchandise into the customs territory of the United 
     States through evasion; and
       (2) for the 3 fiscal years preceding the submission of the 
     report, an estimate of--
       (A) the amount of covered merchandise that entered the 
     customs territory of the United States through evasion; and
       (B) the amount of duties that could not be collected on 
     such merchandise because the Commissioner did not have the 
     authority to reliquidate the entries of such merchandise.

     SEC. _25. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON 
                   RELIQUIDATION AUTHORITY.

       Not later than 60 days after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to the appropriate congressional committees, and make 
     available to the public, a report estimating the amount of 
     duties that could not be collected on covered merchandise 
     that entered the customs territory of the United States 
     through evasion during fiscal years 2009 and 2010 because the 
     Commissioner did not have the authority to reliquidate the 
     entries of such merchandise.
                                 ______
                                 
  SA 716. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 33, after line 5, insert the following:

     SEC. 16. REPEAL OF MEDICAL DEVICE EXCISE TAX.

       Subsections (a), (b), and (c) of section 1405 of the Health 
     Care and Education Reconciliation Act of 2010, and the 
     amendments made thereby, are hereby repealed; and the 
     Internal Revenue Code of 1986 shall be applied as if such 
     section and amendments had never been enacted.
                                 ______
                                 
  SA 717. Ms. COLLINS submitted an amendment intended to be proposed by 
her to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REGULATORY TIME-OUT.

       (a) Short Title.--This section may be cited as the 
     ``Regulatory Time-Out Act of 2011''.
       (b) Definitions.--In this section--
       (1) the term ``agency'' has the meaning given that term 
     under section 3502(1) of title 44, United States Code; and
       (2) the term ``covered regulation'' means a final 
     regulation that--
       (A) directly or indirectly increases costs on businesses in 
     a manner which will have an adverse effect on job creation, 
     job retention, productivity, competitiveness, or the 
     efficient functioning of the economy;
       (B) is likely to--
       (i) have an annual effect on the economy of $100,000,000 or 
     more;
       (ii) adversely affect in a material way the economy, a 
     sector of the economy, productivity, competition, jobs, the 
     environment, public health or safety, or State, local, or 
     tribal governments or communities;
       (iii) create a serious inconsistency or otherwise interfere 
     with an action taken or planned by another agency;
       (iv) materially alter the budgetary impact of entitlements, 
     grants, user fees, or loan programs or the rights and 
     obligations of recipients thereof; or
       (v) raise novel legal or policy issues; and
       (C) did not take effect before September 1, 2011.
       (c) Time-out Period for Regulations.--
       (1) Prior regulations.--A covered regulation that took 
     effect before the date of enactment of this Act shall be 
     treated as though that regulation never took effect for the 
     1-year period beginning on the date of enactment of this Act.
       (2) Prospective regulations.--A covered regulation that has 
     not taken effect before the date of enactment of this Act, 
     may not take effect during the 1-year period beginning on the 
     date of enactment of this Act.
       (d) Exemptions.--
       (1) In general.--The head of an agency may exempt a covered 
     regulation prescribed by that agency from the application of 
     subsection (c), if the head of the agency--
       (A) makes a specific finding that the covered regulation--
       (i) is necessary due to an imminent threat to human health 
     or safety, or any other emergency;
       (ii) is necessary for the enforcement of a criminal law;
       (iii) has as its principal effect--

       (I) fostering private sector job creation and the 
     enhancement of the competitiveness of workers in the United 
     States;
       (II) encouraging economic growth; or
       (III) repealing, narrowing, or streamlining a rule, 
     regulation, or administrative process, or otherwise reducing 
     regulatory burdens;

       (iv) pertains to a military or foreign affairs function of 
     the United States; or
       (v) is limited to interpreting, implementing, or 
     administering the Internal Revenue Code of 1986; and
       (B) submits the finding to Congress and publishes the 
     finding in the Federal Register.
       (2) Review.--Not later than 10 days after the date of 
     enactment of this Act each agency shall submit any covered 
     regulation that the head of the agency determines is exempt 
     under this section to the Office of Management and Budget and 
     Congress.
       (3) Nondelegable authority.--The head of an agency may not 
     delegate the authority provided under this subsection to 
     exempt the application of any provision of this section.
                                 ______
                                 
  SA 718. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

                      TITLE __--REGULATORY RELIEF

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``EPA Regulatory Relief Act 
     of 2011''.

     SEC. __02. LEGISLATIVE STAY.

       (a) Establishment of Standards.--In place of the rules 
     specified in subsection (b), and notwithstanding the date by 
     which such rules would otherwise be required to be 
     promulgated, the Administrator of the Environmental 
     Protection Agency (in this title referred to as the 
     ``Administrator'') shall--
       (1) propose regulations for industrial, commercial, and 
     institutional boilers and process heaters, and commercial and 
     industrial solid waste incinerator units, subject to any of 
     the rules specified in subsection (b)--
       (A) establishing maximum achievable control technology 
     standards, performance standards, and other requirements 
     under sections 112 and 129, as applicable, of the Clean Air 
     Act (42 U.S.C. 7412, 7429); and
       (B) identifying non-hazardous secondary materials that, 
     when used as fuels or ingredients in combustion units of such 
     boilers, process heaters, or incinerator units are solid 
     waste under the Solid Waste Disposal Act (42 U.S.C. 6901 et 
     seq.; commonly referred to as the ``Resource Conservation and 
     Recovery Act'') for purposes of determining the extent to 
     which such combustion units are required to meet the 
     emissions standards under section 112 of the Clean Air Act 
     (42 U.S.C. 7412) or the emission standards under section 129 
     of such Act (42 U.S.C. 7429); and
       (2) finalize the regulations on the date that is 15 months 
     after the date of the enactment of this Act.
       (b) Stay of Earlier Rules.--The following rules are of no 
     force or effect, shall be treated as though such rules had 
     never taken effect, and shall be replaced as described in 
     subsection (a):

[[Page 14664]]

       (1) ``National Emission Standards for Hazardous Air 
     Pollutants for Major Sources: Industrial, Commercial, and 
     Institutional Boilers and Process Heaters'', published at 76 
     Fed. Reg. 15608 (March 21, 2011).
       (2) ``National Emission Standards for Hazardous Air 
     Pollutants for Area Sources: Industrial, Commercial, and 
     Institutional Boilers'', published at 76 Fed. Reg. 15554 
     (March 21, 2011).
       (3) ``Standards of Performance for New Stationary Sources 
     and Emission Guidelines for Existing Sources: Commercial and 
     Industrial Solid Waste Incineration Units'', published at 76 
     Fed. Reg. 15704 (March 21, 2011).
       (4) ``Identification of Non-Hazardous Secondary Materials 
     That Are Solid Waste'', published at 76 Fed. Reg. 15456 
     (March 21, 2011).
       (c) Inapplicability of Certain Provisions.--With respect to 
     any standard required by subsection (a) to be promulgated in 
     regulations under section 112 of the Clean Air Act (42 U.S.C. 
     7412), the provisions of subsections (g)(2) and (j) of such 
     section 112 shall not apply prior to the effective date of 
     the standard specified in such regulations.

     SEC. __03. COMPLIANCE DATES.

       (a) Establishment of Compliance Dates.--For each regulation 
     promulgated pursuant to section __02, the Administrator--
       (1) shall establish a date for compliance with standards 
     and requirements under such regulation that is, 
     notwithstanding any other provision of law, not earlier than 
     5 years after the effective date of the regulation; and
       (2) in proposing a date for such compliance, shall take 
     into consideration--
       (A) the costs of achieving emissions reductions;
       (B) any non-air quality health and environmental impact and 
     energy requirements of the standards and requirements;
       (C) the feasibility of implementing the standards and 
     requirements, including the time needed to--
       (i) obtain necessary permit approvals; and
       (ii) procure, install, and test control equipment;
       (D) the availability of equipment, suppliers, and labor, 
     given the requirements of the regulation and other proposed 
     or finalized regulations of the Environmental Protection 
     Agency; and
       (E) potential net employment impacts.
       (b) New Sources.--The date on which the Administrator 
     proposes a regulation pursuant to section __02(a)(1) 
     establishing an emission standard under section 112 or 129 of 
     the Clean Air Act (42 U.S.C. 7412, 7429) shall be treated as 
     the date on which the Administrator first proposes such a 
     regulation for purposes of applying the definition of a new 
     source under section 112(a)(4) of such Act (42 U.S.C. 
     7412(a)(4)) or the definition of a new solid waste 
     incineration unit under section 129(g)(2) of such Act (42 
     U.S.C. 7429(g)(2)).
       (c) Rule of Construction.--Nothing in this title shall be 
     construed to restrict or otherwise affect the provisions of 
     paragraphs (3)(B) and (4) of section 112(i) of the Clean Air 
     Act (42 U.S.C. 7412(i)).

     SEC. __04. ENERGY RECOVERY AND CONSERVATION.

       Notwithstanding any other provision of law, and to ensure 
     the recovery and conservation of energy consistent with the 
     Solid Waste Disposal Act (42 U.S.C. 6901 et seq.; commonly 
     referred to as the ``Resource Conservation and Recovery 
     Act''), in promulgating rules under section _02(a) addressing 
     the subject matter of the rules specified in paragraphs (3) 
     and (4) of section __02(b), the Administrator--
       (1) shall adopt the definitions of the terms ``commercial 
     and industrial solid waste incineration unit'', ``commercial 
     and industrial waste'', and ``contained gaseous material'' in 
     the rule entitled ``Standards of Performance for New 
     Stationary Sources and Emission Guidelines for Existing 
     Sources: Commercial and Industrial Solid Waste Incineration 
     Units'', published at 65 Fed. Reg. 75338 (December 1, 2000); 
     and
       (2) shall identify non-hazardous secondary material to be 
     solid waste only if--
       (A) the material meets such definition of commercial and 
     industrial waste; or
       (B) if the material is a gas, it meets such definition of 
     contained gaseous material.

     SEC. __05. OTHER PROVISIONS.

       (a) Establishment of Standards Achievable in Practice.--In 
     promulgating rules under section __02(a), the Administrator 
     shall ensure that emissions standards for existing and new 
     sources established under section 112 or 129 of the Clean Air 
     Act (42 U.S.C. 7412, 7429), as applicable, can be met under 
     actual operating conditions consistently and concurrently 
     with emission standards for all other air pollutants 
     regulated by the rule for the source category, taking into 
     account variability in actual source performance, source 
     design, fuels, inputs, controls, ability to measure the 
     pollutant emissions, and operating conditions.
       (b) Regulatory Alternatives.--For each regulation 
     promulgated pursuant to section __02(a), from among the range 
     of regulatory alternatives authorized under the Clean Air Act 
     (42 U.S.C. 7401 et seq.) including work practice standards 
     under section 112(h) of such Act (42 U.S.C. 7412(h)), the 
     Administrator shall impose the least burdensome, consistent 
     with the purposes of such Act and Executive Order 13563 
     published at 76 Fed. Reg. 3821 (January 21, 2011).
                                 ______
                                 
  SA 719. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _. REPEAL OF CLASS PROGRAM.

       (a) Repeal.--Title XXXII of the Public Health Service Act 
     (42 U.S.C. 300ll et seq.; relating to the CLASS program) is 
     repealed.
       (b) Conforming Changes.--
       (1) Title VIII of the Patient Protection and Affordable 
     Care Act (Public Law 111-148; 124 Stat. 119, 846-847) is 
     repealed.
       (2) Section 1902(a) of the Social Security Act (42 U.S.C. 
     1396a(a)) is amended--
       (A) by striking paragraphs (81) and (82);
       (B) in paragraph (80), by inserting ``and'' at the end; and
       (C) by redesignating paragraph (83) as paragraph (81).
       (3) Paragraphs (2) and (3) of section 6021(d) of the 
     Deficit Reduction Act of 2005 (42 U.S.C. 1396p note) are 
     amended to read as such paragraphs were in effect on the day 
     before the date of the enactment of section 8002(d) of the 
     Patient Protection and Affordable Care Act (Public Law 111-
     148). Of the funds appropriated by paragraph (3) of such 
     section 6021(d), as amended by the Patient Protection and 
     Affordable Care Act, the unobligated balance is rescinded.
       (c) Rescission of Unobligated Discretionary 
     Appropriations.--
       (1) In general.--Of the unobligated balances of 
     discretionary appropriations on the date of enactment of this 
     Act, $86,000,000,000 is rescinded.
       (2) Implementation.--
       (A) In general.--The Director of the Office of Management 
     and Budget shall determine which appropriation accounts the 
     rescission under paragraph (1) shall apply to and the amount 
     that each such account shall be reduced by pursuant to such 
     rescission.
       (B) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall submit a report to the Secretary 
     of the Treasury and Congress listing the accounts reduced by 
     the rescission in paragraph (1) and the amounts rescinded 
     from each such account.
       (3) Exceptions.--The rescission under paragraph (1) shall 
     not apply to the Department of Defense, the Department of 
     Veterans Affairs, or the Social Security Administration.
                                 ______
                                 
  SA 720. Mr. ROBERTS (for himself and Mr. Johanns) submitted an 
amendment intended to be proposed by him to the bill S. 1619, to 
provide for identification of misaligned currency, require action to 
correct the misalignment, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. __. USE OF PESTICIDES IN OR NEAR NAVIGABLE WATERS.

       (a) Use of Authorized Pesticides.--Section 3(f) of the 
     Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
     136a(f)) is amended by adding at the end the following:
       ``(5) Use of authorized pesticides.--Except as provided in 
     section 402(s) of the Federal Water Pollution Control Act, 
     the Administrator or a State may not require a permit under 
     that Act for a discharge from a point source into navigable 
     waters of a pesticide authorized for sale, distribution, or 
     use under this Act, or the residue of such a pesticide, 
     resulting from the application of the pesticide.''.
       (b) Discharges of Pesticides.--Section 402 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1342) is amended by 
     adding at the end the following:
       ``(s) Discharges of Pesticides.--
       ``(1) No permit requirement.--Except as provided in 
     paragraph (2), a permit shall not be required by the 
     Administrator or a State under this Act for a discharge from 
     a point source into navigable waters of a pesticide 
     authorized for sale, distribution, or use under the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et 
     seq.), or the residue of such a pesticide, resulting from the 
     application of the pesticide.
       ``(2) Exceptions.--Paragraph (1) shall not apply to the 
     following discharges of a pesticide or pesticide residue:
       ``(A) A discharge resulting from the application of a 
     pesticide in violation of a provision of the Federal 
     Insecticide, Fungicide, and Rodenticide Act that is relevant 
     to protecting water quality, if--
       ``(i) the discharge would not have occurred but for the 
     violation; or
       ``(ii) the quantity of pesticide or pesticide residue in 
     the discharge is greater than would have occurred without the 
     violation.
       ``(B) Stormwater discharges subject to regulation under 
     subsection (p).
       ``(C) The following discharges subject to regulation under 
     this section:

[[Page 14665]]

       ``(i) Manufacturing or industrial effluent.
       ``(ii) Treatment works effluent.
       ``(iii) Discharges incidental to the normal operation of a 
     vessel, including a discharge resulting from ballasting 
     operations or vessel biofouling prevention.''.
                                 ______
                                 
  SA 721. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 1619, to provide for identification of misaligned 
currency, require action to correct the misalignment, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. __. PROHIBITION ON TREASURY REGULATIONS WITH RESPECT TO 
                   INFORMATION REPORTING ON CERTAIN INTEREST PAID 
                   TO NONRESIDENT ALIENS.

       Except to the extent provided in Treasury Regulations as in 
     effect on February 21, 2011, the Secretary of the Treasury 
     shall not require (by regulation or otherwise) that an 
     information return be made by a payor of interest in the case 
     of interest--
       (1) which is described in section 871(i)(2)(A) of the 
     Internal Revenue Code of 1986, and
       (2) which is paid--
       (A) to a nonresident alien, and
       (B) on a deposit maintained at an office within the United 
     States.

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