[Congressional Record (Bound Edition), Volume 157 (2011), Part 11]
[House]
[Pages 15166-15181]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  2020
  UNITED STATES-COLOMBIA TRADE PROMOTION AGREEMENT IMPLEMENTATION ACT

  Mr. BRADY of Texas. Madam Speaker, pursuant to House Resolution 425, 
I call up the bill (H.R. 3078) to implement the United States-Colombia 
Trade Promotion Agreement, and ask for its immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 425, the bill 
is considered read.
  The text of the bill is as follows:

                               H.R. 3078

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``United 
     States-Colombia Trade Promotion Agreement Implementation 
     Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.

TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT

Sec. 101. Approval and entry into force of the Agreement.
Sec. 102. Relationship of the Agreement to United States and State law.
Sec. 103. Implementing actions in anticipation of entry into force and 
              initial regulations.
Sec. 104. Consultation and layover provisions for, and effective date 
              of, proclaimed actions.
Sec. 105. Administration of dispute settlement proceedings.
Sec. 106. Arbitration of claims.
Sec. 107. Effective dates; effect of termination.

                      TITLE II--CUSTOMS PROVISIONS

Sec. 201. Tariff modifications.
Sec. 202. Additional duties on certain agricultural goods.
Sec. 203. Rules of origin.
Sec. 204. Customs user fees.
Sec. 205. Disclosure of incorrect information; false certifications of 
              origin; denial of preferential tariff treatment.
Sec. 206. Reliquidation of entries.
Sec. 207. Recordkeeping requirements.
Sec. 208. Enforcement relating to trade in textile or apparel goods.
Sec. 209. Regulations.

                     TITLE III--RELIEF FROM IMPORTS

Sec. 301. Definitions.

     Subtitle A--Relief From Imports Benefitting From the Agreement

Sec. 311. Commencing of action for relief.
Sec. 312. Commission action on petition.
Sec. 313. Provision of relief.
Sec. 314. Termination of relief authority.
Sec. 315. Compensation authority.
Sec. 316. Confidential business information.

           Subtitle B--Textile and Apparel Safeguard Measures

Sec. 321. Commencement of action for relief.
Sec. 322. Determination and provision of relief.
Sec. 323. Period of relief.
Sec. 324. Articles exempt from relief.
Sec. 325. Rate after termination of import relief.
Sec. 326. Termination of relief authority.
Sec. 327. Compensation authority.
Sec. 328. Confidential business information.

       Subtitle C--Cases Under Title II of the Trade Act of 1974

Sec. 331. Findings and action on Colombian articles.

                         TITLE IV--PROCUREMENT

Sec. 401. Eligible products.

           TITLE V--EXTENSION OF ANDEAN TRADE PREFERENCE ACT

Sec. 501. Extension of Andean Trade Preference Act.

                           TITLE VI--OFFSETS

Sec. 601. Elimination of certain NAFTA customs fees exemption.
Sec. 602. Extension of customs user fees.
Sec. 603. Time for payment of corporate estimated taxes.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to approve and implement the free trade agreement 
     between the United States and Colombia entered into under the 
     authority of section 2103(b) of the Bipartisan Trade 
     Promotion Authority Act of 2002 (19 U.S.C. 3803(b));
       (2) to strengthen and develop economic relations between 
     the United States and Colombia for their mutual benefit;
       (3) to establish free trade between the United States and 
     Colombia through the reduction and elimination of barriers to 
     trade in goods and services and to investment; and
       (4) to lay the foundation for further cooperation to expand 
     and enhance the benefits of the Agreement.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Agreement.--The term ``Agreement'' means the United 
     States-Colombia Trade Promotion Agreement approved by 
     Congress under section 101(a)(1).
       (2) Commission.--The term ``Commission'' means the United 
     States International Trade Commission.
       (3) HTS.--The term ``HTS'' means the Harmonized Tariff 
     Schedule of the United States.
       (4) Textile or apparel good.--The term ``textile or apparel 
     good'' means a good listed in the Annex to the Agreement on 
     Textiles and Clothing referred to in section 101(d)(4) of the 
     Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)), other 
     than a good listed in Annex 3-C of the Agreement.

TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT

     SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.

       (a) Approval of Agreement and Statement of Administrative 
     Action.--Pursuant to section 2105 of the Bipartisan Trade 
     Promotion Authority Act of 2002 (19 U.S.C. 3805) and section 
     151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress 
     approves--
       (1) the United States-Colombia Trade Promotion Agreement 
     entered into on November 22, 2006, with the Government of 
     Colombia, as amended on June 28, 2007, by the United States 
     and Colombia, and submitted to Congress on October 3, 2011; 
     and
       (2) the statement of administrative action proposed to 
     implement the Agreement that was submitted to Congress on 
     October 3, 2011.
       (b) Conditions for Entry Into Force of the Agreement.--At 
     such time as the President determines that Colombia has taken 
     measures necessary to comply with those provisions of the 
     Agreement that are to take effect on the date on which the 
     Agreement enters into force, the President is authorized to 
     exchange notes with the Government of Colombia providing for 
     the entry into force, on or after January 1, 2012, of the 
     Agreement with respect to the United States.

     SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND 
                   STATE LAW.

       (a) Relationship of Agreement to United States Law.--
       (1) United states law to prevail in conflict.--No provision 
     of the Agreement, nor the application of any such provision 
     to any person or circumstance, which is inconsistent with any 
     law of the United States shall have effect.
       (2) Construction.--Nothing in this Act shall be construed--
       (A) to amend or modify any law of the United States, or
       (B) to limit any authority conferred under any law of the 
     United States,

     unless specifically provided for in this Act.
       (b) Relationship of Agreement to State Law.--
       (1) Legal challenge.--No State law, or the application 
     thereof, may be declared invalid as to any person or 
     circumstance on the ground that the provision or application 
     is inconsistent with the Agreement, except in an action 
     brought by the United States for the purpose of declaring 
     such law or application invalid.
       (2) Definition of state law.--For purposes of this 
     subsection, the term ``State law'' includes--
       (A) any law of a political subdivision of a State; and
       (B) any State law regulating or taxing the business of 
     insurance.
       (c) Effect of Agreement With Respect to Private Remedies.--
     No person other than the United States--
       (1) shall have any cause of action or defense under the 
     Agreement or by virtue of congressional approval thereof; or
       (2) may challenge, in any action brought under any 
     provision of law, any action or inaction by any department, 
     agency, or other

[[Page 15167]]

     instrumentality of the United States, any State, or any 
     political subdivision of a State, on the ground that such 
     action or inaction is inconsistent with the Agreement.

     SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO 
                   FORCE AND INITIAL REGULATIONS.

       (a) Implementing Actions.--
       (1) Proclamation authority.--After the date of the 
     enactment of this Act--
       (A) the President may proclaim such actions, and
       (B) other appropriate officers of the United States 
     Government may issue such regulations,

     as may be necessary to ensure that any provision of this Act, 
     or amendment made by this Act, that takes effect on the date 
     on which the Agreement enters into force is appropriately 
     implemented on such date, but no such proclamation or 
     regulation may have an effective date earlier than the date 
     on which the Agreement enters into force.
       (2) Effective date of certain proclaimed actions.--Any 
     action proclaimed by the President under the authority of 
     this Act that is not subject to the consultation and layover 
     provisions under section 104 may not take effect before the 
     15th day after the date on which the text of the proclamation 
     is published in the Federal Register.
       (3) Waiver of 15-day restriction.--The 15-day restriction 
     contained in paragraph (2) on the taking effect of proclaimed 
     actions is waived to the extent that the application of such 
     restriction would prevent the taking effect on the date on 
     which the Agreement enters into force of any action 
     proclaimed under this section.
       (b) Initial Regulations.--Initial regulations necessary or 
     appropriate to carry out the actions required by or 
     authorized under this Act or proposed in the statement of 
     administrative action submitted under section 101(a)(2) to 
     implement the Agreement shall, to the maximum extent 
     feasible, be issued within 1 year after the date on which the 
     Agreement enters into force. In the case of any implementing 
     action that takes effect on a date after the date on which 
     the Agreement enters into force, initial regulations to carry 
     out that action shall, to the maximum extent feasible, be 
     issued within 1 year after such effective date.

     SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, AND 
                   EFFECTIVE DATE OF, PROCLAIMED ACTIONS.

       If a provision of this Act provides that the implementation 
     of an action by the President by proclamation is subject to 
     the consultation and layover requirements of this section, 
     such action may be proclaimed only if--
       (1) the President has obtained advice regarding the 
     proposed action from--
       (A) the appropriate advisory committees established under 
     section 135 of the Trade Act of 1974 (19 U.S.C. 2155); and
       (B) the Commission;
       (2) the President has submitted to the Committee on Finance 
     of the Senate and the Committee on Ways and Means of the 
     House of Representatives a report that sets forth--
       (A) the action proposed to be proclaimed and the reasons 
     therefor; and
       (B) the advice obtained under paragraph (1);
       (3) a period of 60 calendar days, beginning on the first 
     day on which the requirements set forth in paragraphs (1) and 
     (2) have been met, has expired; and
       (4) the President has consulted with the committees 
     referred to in paragraph (2) regarding the proposed action 
     during the period referred to in paragraph (3).

     SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.

       (a) Establishment or Designation of Office.--The President 
     is authorized to establish or designate within the Department 
     of Commerce an office that shall be responsible for providing 
     administrative assistance to panels established under chapter 
     21 of the Agreement. The office shall not be considered to be 
     an agency for purposes of section 552 of title 5, United 
     States Code.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated for each fiscal year after fiscal year 
     2011 to the Department of Commerce up to $262,500 for the 
     establishment and operations of the office established or 
     designated under subsection (a) and for the payment of the 
     United States share of the expenses of panels established 
     under chapter 21 of the Agreement.

     SEC. 106. ARBITRATION OF CLAIMS.

       The United States is authorized to resolve any claim 
     against the United States covered by article 10.16.1(a)(i)(C) 
     or article 10.16.1(b)(i)(C) of the Agreement, pursuant to the 
     Investor-State Dispute Settlement procedures set forth in 
     section B of chapter 10 of the Agreement.

     SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION.

       (a) Effective Dates.--Except as provided in subsection (b) 
     and title V, this Act and the amendments made by this Act 
     take effect on the date on which the Agreement enters into 
     force.
       (b) Exceptions.--
       (1) In general.--Sections 1 through 3, this title, and 
     title VI take effect on the date of the enactment of this 
     Act.
       (2) Certain amendatory provisions.--The amendments made by 
     sections 204, 205, 207, and 401 of this Act take effect on 
     the date of the enactment of this Act and apply with respect 
     to Colombia on the date on which the Agreement enters into 
     force.
       (c) Termination of the Agreement.--On the date on which the 
     Agreement terminates, this Act (other than this subsection 
     and titles V and VI) and the amendments made by this Act 
     (other than the amendments made by titles V and VI) shall 
     cease to have effect.

                      TITLE II--CUSTOMS PROVISIONS

     SEC. 201. TARIFF MODIFICATIONS.

       (a) Tariff Modifications Provided for in the Agreement.--
       (1) Proclamation authority.--The President may proclaim--
       (A) such modifications or continuation of any duty,
       (B) such continuation of duty-free or excise treatment, or
       (C) such additional duties,

     as the President determines to be necessary or appropriate to 
     carry out or apply articles 2.3, 2.5, 2.6, and 3.3.13, and 
     Annex 2.3, of the Agreement.
       (2) Effect on gsp status.--Notwithstanding section 
     502(a)(1) of the Trade Act of 1974 (19 U.S.C. 2462(a)(1)), 
     the President shall, on the date on which the Agreement 
     enters into force, terminate the designation of Colombia as a 
     beneficiary developing country for purposes of title V of the 
     Trade Act of 1974 (19 U.S.C. 2461 et seq.).
       (3) Effect on atpa status.--Notwithstanding section 
     203(a)(1) of the Andean Trade Preference Act (19 U.S.C. 
     3202(a)(1)), the President shall, on the date on which the 
     Agreement enters into force, terminate the designation of 
     Colombia as a beneficiary country for purposes of that Act.
       (b) Other Tariff Modifications.--Subject to the 
     consultation and layover provisions of section 104, the 
     President may proclaim--
       (1) such modifications or continuation of any duty,
       (2) such modifications as the United States may agree to 
     with Colombia regarding the staging of any duty treatment set 
     forth in Annex 2.3 of the Agreement,
       (3) such continuation of duty-free or excise treatment, or
       (4) such additional duties,

     as the President determines to be necessary or appropriate to 
     maintain the general level of reciprocal and mutually 
     advantageous concessions with respect to Colombia provided 
     for by the Agreement.
       (c) Conversion to Ad Valorem Rates.--For purposes of 
     subsections (a) and (b), with respect to any good for which 
     the base rate in the Schedule of the United States to Annex 
     2.3 of the Agreement is a specific or compound rate of duty, 
     the President may substitute for the base rate an ad valorem 
     rate that the President determines to be equivalent to the 
     base rate.
       (d) Tariff Rate Quotas.--In implementing the tariff rate 
     quotas set forth in Appendix I to the General Notes to the 
     Schedule of the United States to Annex 2.3 of the Agreement, 
     the President shall take such action as may be necessary to 
     ensure that imports of agricultural goods do not disrupt the 
     orderly marketing of commodities in the United States.

     SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRICULTURAL GOODS.

       (a) Definitions.--In this section:
       (1) Applicable ntr (mfn) rate of duty.--The term 
     ``applicable NTR (MFN) rate of duty'' means, with respect to 
     a safeguard good, a rate of duty equal to the lowest of--
       (A) the base rate in the Schedule of the United States to 
     Annex 2.3 of the Agreement;
       (B) the column 1 general rate of duty that would, on the 
     day before the date on which the Agreement enters into force, 
     apply to a good classifiable in the same 8-digit subheading 
     of the HTS as the safeguard good; or
       (C) the column 1 general rate of duty that would, at the 
     time the additional duty is imposed under subsection (b), 
     apply to a good classifiable in the same 8-digit subheading 
     of the HTS as the safeguard good.
       (2) Schedule rate of duty.--The term ``schedule rate of 
     duty'' means, with respect to a safeguard good, the rate of 
     duty for that good that is set forth in the Schedule of the 
     United States to Annex 2.3 of the Agreement.
       (3) Safeguard good.--The term ``safeguard good'' means a 
     good--
       (A) that is included in the Schedule of the United States 
     to Annex 2.18 of the Agreement;
       (B) that qualifies as an originating good under section 
     203, except that operations performed in or material obtained 
     from the United States shall be considered as if the 
     operations were performed in, or the material was obtained 
     from, a country that is not a party to the Agreement; and
       (C) for which a claim for preferential tariff treatment 
     under the Agreement has been made.
       (4) Year 1 of the agreement.--The term ``year 1 of the 
     Agreement'' means the period beginning on the date, in a 
     calendar year, on which the Agreement enters into force and 
     ending on December 31 of that calendar year.
       (5) Years other than year 1 of the agreement.--Any 
     reference to a year of the Agreement subsequent to year 1 of 
     the Agreement shall be deemed to be a reference to the 
     corresponding calendar year in which the Agreement is in 
     force.
       (b) Additional Duties on Safeguard Goods.--

[[Page 15168]]

       (1) In general.--In addition to any duty proclaimed under 
     subsection (a) or (b) of section 201, the Secretary of the 
     Treasury shall assess a duty, in the amount determined under 
     paragraph (2), on a safeguard good imported into the United 
     States in a calendar year if the Secretary determines that, 
     prior to such importation, the total volume of that safeguard 
     good that is imported into the United States in that calendar 
     year exceeds 140 percent of the volume that is provided for 
     that safeguard good in the corresponding year in the 
     applicable table contained in Appendix I of the General Notes 
     to the Schedule of the United States to Annex 2.3 of the 
     Agreement. For purposes of this subsection, year 1 in the 
     table means year 1 of the Agreement.
       (2) Calculation of additional duty.--The additional duty on 
     a safeguard good under this subsection shall be--
       (A) in year 1 of the Agreement through year 4 of the 
     Agreement, an amount equal to 100 percent of the excess of 
     the applicable NTR (MFN) rate of duty over the schedule rate 
     of duty;
       (B) in year 5 of the Agreement through year 7 of the 
     Agreement, an amount equal to 75 percent of the excess of the 
     applicable NTR (MFN) rate of duty over the schedule rate of 
     duty; and
       (C) in year 8 of the Agreement through year 9 of the 
     Agreement, an amount equal to 50 percent of the excess of the 
     applicable NTR (MFN) rate of duty over the schedule rate of 
     duty.
       (3) Notice.--Not later than 60 days after the date on which 
     the Secretary of the Treasury first assesses an additional 
     duty in a calendar year on a good under this subsection, the 
     Secretary shall notify the Government of Colombia in writing 
     of such action and shall provide to that Government data 
     supporting the assessment of the additional duty.
       (c) Exceptions.--No additional duty shall be assessed on a 
     good under subsection (b) if, at the time of entry, the good 
     is subject to import relief under--
       (1) subtitle A of title III of this Act; or
       (2) chapter 1 of title II of the Trade Act of 1974 (19 
     U.S.C. 2251 et seq.).
       (d) Termination.--The assessment of an additional duty on a 
     good under subsection (b) shall cease to apply to that good 
     on the date on which duty-free treatment must be provided to 
     that good under the Schedule of the United States to Annex 
     2.3 of the Agreement.

     SEC. 203. RULES OF ORIGIN.

       (a) Application and Interpretation.--In this section:
       (1) Tariff classification.--The basis for any tariff 
     classification is the HTS.
       (2) Reference to hts.--Whenever in this section there is a 
     reference to a chapter, heading, or subheading, such 
     reference shall be a reference to a chapter, heading, or 
     subheading of the HTS.
       (3) Cost or value.--Any cost or value referred to in this 
     section shall be recorded and maintained in accordance with 
     the generally accepted accounting principles applicable in 
     the territory of the country in which the good is produced 
     (whether Colombia or the United States).
       (b) Originating Goods.--For purposes of this Act and for 
     purposes of implementing the preferential tariff treatment 
     provided for under the Agreement, except as otherwise 
     provided in this section, a good is an originating good if--
       (1) the good is a good wholly obtained or produced entirely 
     in the territory of Colombia, the United States, or both;
       (2) the good--
       (A) is produced entirely in the territory of Colombia, the 
     United States, or both, and--
       (i) each of the nonoriginating materials used in the 
     production of the good undergoes an applicable change in 
     tariff classification specified in Annex 3-A or Annex 4.1 of 
     the Agreement; or
       (ii) the good otherwise satisfies any applicable regional 
     value-content or other requirements specified in Annex 3-A or 
     Annex 4.1 of the Agreement; and
       (B) satisfies all other applicable requirements of this 
     section; or
       (3) the good is produced entirely in the territory of 
     Colombia, the United States, or both, exclusively from 
     materials described in paragraph (1) or (2).
       (c) Regional Value-content.--
       (1) In general.--For purposes of subsection (b)(2), the 
     regional value-content of a good referred to in Annex 4.1 of 
     the Agreement, except for goods to which paragraph (4) 
     applies, shall be calculated by the importer, exporter, or 
     producer of the good, on the basis of the build-down method 
     described in paragraph (2) or the build-up method described 
     in paragraph (3).
       (2) Build-down method.--
       (A) In general.--The regional value-content of a good may 
     be calculated on the basis of the following build-down 
     method:

                                            AV-VNM
                                                RVC = --------------  100
                                                AV
 

       (B) Definitions.--In subparagraph (A):
       (i) RVC.--The term ``RVC'' means the regional value-content 
     of the good, expressed as a percentage.
       (ii) AV.--The term ``AV'' means the adjusted value of the 
     good.
       (iii) VNM.--The term ``VNM'' means the value of 
     nonoriginating materials that are acquired and used by the 
     producer in the production of the good, but does not include 
     the value of a material that is self-produced.
       (3) Build-up method.--
       (A) In general.--The regional value-content of a good may 
     be calculated on the basis of the following build-up method:


                                               VOM
                                                RVC = -------------- 100
                                                AV
 

       (B) Definitions.--In subparagraph (A):
       (i) RVC.--The term ``RVC'' means the regional value-content 
     of the good, expressed as a percentage.
       (ii) AV.--The term ``AV'' means the adjusted value of the 
     good.
       (iii) VOM.--The term ``VOM'' means the value of originating 
     materials that are acquired or self-produced, and used by the 
     producer in the production of the good.
       (4) Special rule for certain automotive goods.--
       (A) In general.--For purposes of subsection (b)(2), the 
     regional value-content of an automotive good referred to in 
     Annex 4.1 of the Agreement shall be calculated by the 
     importer, exporter, or producer of the good, on the basis of 
     the following net cost method:


                                                 NC-VNM
                                                RVC = -------------- 100
                                                 NC
 

       (B) Definitions.--In subparagraph (A):
       (i) Automotive good.--The term ``automotive good'' means a 
     good provided for in any of subheadings 8407.31 through 
     8407.34, subheading 8408.20, heading 8409, or any of headings 
     8701 through 8708.
       (ii) RVC.--The term ``RVC'' means the regional value-
     content of the automotive good, expressed as a percentage.
       (iii) NC.--The term ``NC'' means the net cost of the 
     automotive good.
       (iv) VNM.--The term ``VNM'' means the value of 
     nonoriginating materials that are acquired and used by the 
     producer in the production of the automotive good, but does 
     not include the value of a material that is self-produced.
       (C) Motor vehicles.--
       (i) Basis of calculation.--For purposes of determining the 
     regional value-content under subparagraph (A) for an 
     automotive good that is a motor vehicle provided for in any 
     of headings 8701 through 8705, an importer, exporter, or 
     producer may average the amounts calculated under the net 
     cost formula contained in subparagraph (A), over the 
     producer's fiscal year--

       (I) with respect to all motor vehicles in any one of the 
     categories described in clause (ii); or
       (II) with respect to all motor vehicles in any such 
     category that are exported to the territory of the United 
     States or Colombia.

       (ii) Categories.--A category is described in this clause if 
     it--

       (I) is the same model line of motor vehicles, is in the 
     same class of motor vehicles, and is produced in the same 
     plant in the territory of Colombia or the United States, as 
     the good described in clause (i) for which regional value-
     content is being calculated;
       (II) is the same class of motor vehicles, and is produced 
     in the same plant in the territory of Colombia or the United 
     States, as the good described in clause (i) for which 
     regional value-content is being calculated; or
       (III) is the same model line of motor vehicles produced in 
     the territory of Colombia or the United States as the good 
     described in clause (i) for which regional value-content is 
     being calculated.

       (D) Other automotive goods.--For purposes of determining 
     the regional value-content under subparagraph (A) for 
     automotive materials provided for in any of subheadings 
     8407.31 through 8407.34, in subheading 8408.20, or in heading 
     8409, 8706, 8707, or 8708, that are produced in the same 
     plant, an importer, exporter, or producer may--
       (i) average the amounts calculated under the net cost 
     formula contained in subparagraph (A) over--

       (I) the fiscal year of the motor vehicle producer to whom 
     the automotive goods are sold,
       (II) any quarter or month, or
       (III) the fiscal year of the producer of such goods,

     if the goods were produced during the fiscal year, quarter, 
     or month that is the basis for the calculation;
       (ii) determine the average referred to in clause (i) 
     separately for such goods sold to 1 or more motor vehicle 
     producers; or
       (iii) make a separate determination under clause (i) or 
     (ii) for such goods that are exported to the territory of 
     Colombia or the United States.
       (E) Calculating net cost.--The importer, exporter, or 
     producer of an automotive good shall, consistent with the 
     provisions regarding allocation of costs provided for in 
     generally accepted accounting principles, determine the net 
     cost of the automotive good under subparagraph (B) by--
       (i) calculating the total cost incurred with respect to all 
     goods produced by the producer of the automotive good, 
     subtracting any sales promotion, marketing, and after-sales 
     service costs, royalties, shipping and packing

[[Page 15169]]

     costs, and nonallowable interest costs that are included in 
     the total cost of all such goods, and then reasonably 
     allocating the resulting net cost of those goods to the 
     automotive good;
       (ii) calculating the total cost incurred with respect to 
     all goods produced by that producer, reasonably allocating 
     the total cost to the automotive good, and then subtracting 
     any sales promotion, marketing, and after-sales service 
     costs, royalties, shipping and packing costs, and 
     nonallowable interest costs that are included in the portion 
     of the total cost allocated to the automotive good; or
       (iii) reasonably allocating each cost that forms part of 
     the total cost incurred with respect to the automotive good 
     so that the aggregate of these costs does not include any 
     sales promotion, marketing, and after-sales service costs, 
     royalties, shipping and packing costs, or nonallowable 
     interest costs.
       (d) Value of Materials.--
       (1) In general.--For the purpose of calculating the 
     regional value-content of a good under subsection (c), and 
     for purposes of applying the de minimis rules under 
     subsection (f), the value of a material is--
       (A) in the case of a material that is imported by the 
     producer of the good, the adjusted value of the material;
       (B) in the case of a material acquired in the territory in 
     which the good is produced, the value, determined in 
     accordance with Articles 1 through 8, Article 15, and the 
     corresponding interpretive notes, of 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)), as 
     set forth in regulations promulgated by the Secretary of the 
     Treasury providing for the application of such Articles in 
     the absence of an importation by the producer; or
       (C) in the case of a material that is self-produced, the 
     sum of--
       (i) all expenses incurred in the production of the 
     material, including general expenses; and
       (ii) an amount for profit equivalent to the profit added in 
     the normal course of trade.
       (2) Further adjustments to the value of materials.--
       (A) Originating material.--The following expenses, if not 
     included in the value of an originating material calculated 
     under paragraph (1), may be added to the value of the 
     originating material:
       (i) The costs of freight, insurance, packing, and all other 
     costs incurred in transporting the material within or between 
     the territory of Colombia, the United States, or both, to the 
     location of the producer.
       (ii) Duties, taxes, and customs brokerage fees on the 
     material paid in the territory of Colombia, the United 
     States, or both, other than duties or taxes that are waived, 
     refunded, refundable, or otherwise recoverable, including 
     credit against duty or tax paid or payable.
       (iii) The cost of waste and spoilage resulting from the use 
     of the material in the production of the good, less the value 
     of renewable scrap or byproducts.
       (B) Nonoriginating material.--The following expenses, if 
     included in the value of a nonoriginating material calculated 
     under paragraph (1), may be deducted from the value of the 
     nonoriginating material:
       (i) The costs of freight, insurance, packing, and all other 
     costs incurred in transporting the material within or between 
     the territory of Colombia, the United States, or both, to the 
     location of the producer.
       (ii) Duties, taxes, and customs brokerage fees on the 
     material paid in the territory of Colombia, the United 
     States, or both, other than duties or taxes that are waived, 
     refunded, refundable, or otherwise recoverable, including 
     credit against duty or tax paid or payable.
       (iii) The cost of waste and spoilage resulting from the use 
     of the material in the production of the good, less the value 
     of renewable scrap or byproducts.
       (iv) The cost of originating materials used in the 
     production of the nonoriginating material in the territory of 
     Colombia, the United States, or both.
       (e) Accumulation.--
       (1) Originating materials used in production of goods of 
     the other country.--Originating materials from the territory 
     of Colombia or the United States that are used in the 
     production of a good in the territory of the other country 
     shall be considered to originate in the territory of such 
     other country.
       (2) Multiple producers.--A good that is produced in the 
     territory of Colombia, the United States, or both, by 1 or 
     more producers, is an originating good if the good satisfies 
     the requirements of subsection (b) and all other applicable 
     requirements of this section.
       (f) De Minimis Amounts of Nonoriginating Materials.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), a good that does not undergo a change in tariff 
     classification pursuant to Annex 4.1 of the Agreement is an 
     originating good if--
       (A)(i) the value of all nonoriginating materials that--
       (I) are used in the production of the good, and
       (II) do not undergo the applicable change in tariff 
     classification (set forth in Annex 4.1 of the Agreement),

     does not exceed 10 percent of the adjusted value of the good;
       (ii) the good meets all other applicable requirements of 
     this section; and
       (iii) the value of such nonoriginating materials is 
     included in the value of nonoriginating materials for any 
     applicable regional value-content requirement for the good; 
     or
       (B) the good meets the requirements set forth in paragraph 
     2 of Annex 4.6 of the Agreement.
       (2) Exceptions.--Paragraph (1) does not apply to the 
     following:
       (A) A nonoriginating material provided for in chapter 4, or 
     a nonoriginating dairy preparation containing over 10 percent 
     by weight of milk solids provided for in subheading 1901.90 
     or 2106.90, that is used in the production of a good provided 
     for in chapter 4.
       (B) A nonoriginating material provided for in chapter 4, or 
     a nonoriginating dairy preparation containing over 10 percent 
     by weight of milk solids provided for in subheading 1901.90, 
     that is used in the production of any of the following goods:
       (i) Infant preparations containing over 10 percent by 
     weight of milk solids provided for in subheading 1901.10.
       (ii) Mixes and doughs, containing over 25 percent by weight 
     of butterfat, not put up for retail sale, provided for in 
     subheading 1901.20.
       (iii) Dairy preparations containing over 10 percent by 
     weight of milk solids provided for in subheading 1901.90 or 
     2106.90.
       (iv) Goods provided for in heading 2105.
       (v) Beverages containing milk provided for in subheading 
     2202.90.
       (vi) Animal feeds containing over 10 percent by weight of 
     milk solids provided for in subheading 2309.90.
       (C) A nonoriginating material provided for in heading 0805, 
     or any of subheadings 2009.11 through 2009.39, that is used 
     in the production of a good provided for in any of 
     subheadings 2009.11 through 2009.39, or in fruit or vegetable 
     juice of any single fruit or vegetable, fortified with 
     minerals or vitamins, concentrated or unconcentrated, 
     provided for in subheading 2106.90 or 2202.90.
       (D) A nonoriginating material provided for in heading 0901 
     or 2101 that is used in the production of a good provided for 
     in heading 0901 or 2101.
       (E) A nonoriginating material provided for in chapter 15 
     that is used in the production of a good provided for in any 
     of headings 1501 through 1508, or any of headings 1511 
     through 1515.
       (F) A nonoriginating material provided for in heading 1701 
     that is used in the production of a good provided for in any 
     of headings 1701 through 1703.
       (G) A nonoriginating material provided for in chapter 17 
     that is used in the production of a good provided for in 
     subheading 1806.10.
       (H) Except as provided in subparagraphs (A) through (G) and 
     Annex 4.1 of the Agreement, a nonoriginating material used in 
     the production of a good provided for in any of chapters 1 
     through 24, unless the nonoriginating material is provided 
     for in a different subheading than the good for which origin 
     is being determined under this section.
       (I) A nonoriginating material that is a textile or apparel 
     good.
       (3) Textile or apparel goods.--
       (A) In general.--Except as provided in subparagraph (B), a 
     textile or apparel good that is not an originating good 
     because certain fibers or yarns used in the production of the 
     component of the good that determines the tariff 
     classification of the good do not undergo an applicable 
     change in tariff classification, set forth in Annex 3-A of 
     the Agreement, shall be considered to be an originating good 
     if--
       (i) the total weight of all such fibers or yarns in that 
     component is not more than 10 percent of the total weight of 
     that component; or
       (ii) the yarns are those described in section 
     204(b)(3)(B)(vi)(IV) of the Andean Trade Preference Act (19 
     U.S.C. 3203(b)(3)(B)(vi)(IV)) (as in effect on February 12, 
     2011).
       (B) Certain textile or apparel goods.--A textile or apparel 
     good containing elastomeric yarns in the component of the 
     good that determines the tariff classification of the good 
     shall be considered to be an originating good only if such 
     yarns are wholly formed in the territory of Colombia, the 
     United States, or both.
       (C) Yarn, fabric, or fiber.--For purposes of this 
     paragraph, in the case of a good that is a yarn, fabric, or 
     fiber, the term ``component of the good that determines the 
     tariff classification of the good'' means all of the fibers 
     in the good.
       (g) Fungible Goods and Materials.--
       (1) In general.--
       (A) Claim for preferential tariff treatment.--A person 
     claiming that a fungible good or fungible material is an 
     originating good may base the claim either on the physical 
     segregation of the fungible good or fungible material or by 
     using an inventory management method with respect to the 
     fungible good or fungible material.
       (B) Inventory management method.--In this subsection, the 
     term ``inventory management method'' means--

[[Page 15170]]

       (i) averaging;
       (ii) ``last-in, first-out'';
       (iii) ``first-in, first-out''; or
       (iv) any other method--

       (I) recognized in the generally accepted accounting 
     principles of the country in which the production is 
     performed (whether Colombia or the United States); or
       (II) otherwise accepted by that country.

       (2) Election of inventory method.--A person selecting an 
     inventory management method under paragraph (1) for a 
     particular fungible good or fungible material shall continue 
     to use that method for that fungible good or fungible 
     material throughout the fiscal year of such person.
       (h) Accessories, Spare Parts, or Tools.--
       (1) In general.--Subject to paragraphs (2) and (3), 
     accessories, spare parts, or tools delivered with a good that 
     form part of the good's standard accessories, spare parts, or 
     tools shall--
       (A) be treated as originating goods if the good is an 
     originating good; and
       (B) be disregarded in determining whether all the 
     nonoriginating materials used in the production of the good 
     undergo the applicable change in tariff classification set 
     forth in Annex 4.1 of the Agreement.
       (2) Conditions.--Paragraph (1) shall apply only if--
       (A) the accessories, spare parts, or tools are classified 
     with and not invoiced separately from the good, regardless of 
     whether such accessories, spare parts, or tools are specified 
     or are separately identified in the invoice for the good; and
       (B) the quantities and value of the accessories, spare 
     parts, or tools are customary for the good.
       (3) Regional value content.--If the good is subject to a 
     regional value-content requirement, the value of the 
     accessories, spare parts, or tools shall be taken into 
     account as originating or nonoriginating materials, as the 
     case may be, in calculating the regional value-content of the 
     good.
       (i) Packaging Materials and Containers for Retail Sale.--
     Packaging materials and containers in which a good is 
     packaged for retail sale, if classified with the good, shall 
     be disregarded in determining whether all the nonoriginating 
     materials used in the production of the good undergo the 
     applicable change in tariff classification set forth in Annex 
     3-A or Annex 4.1 of the Agreement, and, if the good is 
     subject to a regional value-content requirement, the value of 
     such packaging materials and containers shall be taken into 
     account as originating or nonoriginating materials, as the 
     case may be, in calculating the regional value-content of the 
     good.
       (j) Packing Materials and Containers for Shipment.--Packing 
     materials and containers for shipment shall be disregarded in 
     determining whether a good is an originating good.
       (k) Indirect Materials.--An indirect material shall be 
     treated as an originating material without regard to where it 
     is produced.
       (l) Transit and Transhipment.--A good that has undergone 
     production necessary to qualify as an originating good under 
     subsection (b) shall not be considered to be an originating 
     good if, subsequent to that production, the good--
       (1) undergoes further production or any other operation 
     outside the territory of Colombia or the United States, other 
     than unloading, reloading, or any other operation necessary 
     to preserve the good in good condition or to transport the 
     good to the territory of Colombia or the United States; or
       (2) does not remain under the control of customs 
     authorities in the territory of a country other than Colombia 
     or the United States.
       (m) Goods Classifiable as Goods Put up in Sets.--
     Notwithstanding the rules set forth in Annex 3-A and Annex 
     4.1 of the Agreement, goods classifiable as goods put up in 
     sets for retail sale as provided for in General Rule of 
     Interpretation 3 of the HTS shall not be considered to be 
     originating goods unless--
       (1) each of the goods in the set is an originating good; or
       (2) the total value of the nonoriginating goods in the set 
     does not exceed--
       (A) in the case of textile or apparel goods, 10 percent of 
     the adjusted value of the set; or
       (B) in the case of goods, other than textile or apparel 
     goods, 15 percent of the adjusted value of the set.
       (n) Definitions.--In this section:
       (1) Adjusted value.--The term ``adjusted value'' means the 
     value determined in accordance with Articles 1 through 8, 
     Article 15, and the corresponding interpretive notes, of 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)), adjusted, if necessary, to exclude any costs, 
     charges, or expenses incurred for transportation, insurance, 
     and related services incident to the international shipment 
     of the merchandise from the country of exportation to the 
     place of importation.
       (2) Class of motor vehicles.--The term ``class of motor 
     vehicles'' means any one of the following categories of motor 
     vehicles:
       (A) Motor vehicles provided for in subheading 8701.20, 
     8704.10, 8704.22, 8704.23, 8704.32, or 8704.90, or heading 
     8705 or 8706, or motor vehicles for the transport of 16 or 
     more persons provided for in subheading 8702.10 or 8702.90.
       (B) Motor vehicles provided for in subheading 8701.10 or 
     any of subheadings 8701.30 through 8701.90.
       (C) Motor vehicles for the transport of 15 or fewer persons 
     provided for in subheading 8702.10 or 8702.90, or motor 
     vehicles provided for in subheading 8704.21 or 8704.31.
       (D) Motor vehicles provided for in any of subheadings 
     8703.21 through 8703.90.
       (3) Fungible good or fungible material.--The term 
     ``fungible good'' or ``fungible material'' means a good or 
     material, as the case may be, that is interchangeable with 
     another good or material for commercial purposes and the 
     properties of which are essentially identical to such other 
     good or material.
       (4) Generally accepted accounting principles.--The term 
     ``generally accepted accounting principles''--
       (A) means the recognized consensus or substantial 
     authoritative support given in the territory of Colombia or 
     the United States, as the case may be, with respect to the 
     recording of revenues, expenses, costs, assets, and 
     liabilities, the disclosure of information, and the 
     preparation of financial statements; and
       (B) may encompass broad guidelines for general application 
     as well as detailed standards, practices, and procedures.
       (5) Good wholly obtained or produced entirely in the 
     territory of colombia, the united states, or both.--The term 
     ``good wholly obtained or produced entirely in the territory 
     of Colombia, the United States, or both'' means any of the 
     following:
       (A) Plants and plant products harvested or gathered in the 
     territory of Colombia, the United States, or both.
       (B) Live animals born and raised in the territory of 
     Colombia, the United States, or both.
       (C) Goods obtained in the territory of Colombia, the United 
     States, or both from live animals.
       (D) Goods obtained from hunting, trapping, fishing, or 
     aquaculture conducted in the territory of Colombia, the 
     United States, or both.
       (E) Minerals and other natural resources not included in 
     subparagraphs (A) through (D) that are extracted or taken 
     from the territory of Colombia, the United States, or both.
       (F) Fish, shellfish, and other marine life taken from the 
     sea, seabed, or subsoil outside the territory of Colombia or 
     the United States by--
       (i) a vessel that is registered or recorded with Colombia 
     and flying the flag of Colombia; or
       (ii) a vessel that is documented under the laws of the 
     United States.
       (G) Goods produced on board a factory ship from goods 
     referred to in subparagraph (F), if such factory ship--
       (i) is registered or recorded with Colombia and flies the 
     flag of Colombia; or
       (ii) is a vessel that is documented under the laws of the 
     United States.
       (H)(i) Goods taken by Colombia or a person of Colombia from 
     the seabed or subsoil outside the territorial waters of 
     Colombia, if Colombia has rights to exploit such seabed or 
     subsoil.
       (ii) Goods taken by the United States or a person of the 
     United States from the seabed or subsoil outside the 
     territorial waters of the United States, if the United States 
     has rights to exploit such seabed or subsoil.
       (I) Goods taken from outer space, if the goods are obtained 
     by Colombia or the United States or a person of Colombia or 
     the United States and not processed in the territory of a 
     country other than Colombia or the United States.
       (J) Waste and scrap derived from--
       (i) manufacturing or processing operations in the territory 
     of Colombia, the United States, or both; or
       (ii) used goods collected in the territory of Colombia, the 
     United States, or both, if such goods are fit only for the 
     recovery of raw materials.
       (K) Recovered goods derived in the territory of Colombia, 
     the United States, or both, from used goods, and used in the 
     territory of Colombia, the United States, or both, in the 
     production of remanufactured goods.
       (L) Goods, at any stage of production, produced in the 
     territory of Colombia, the United States, or both, 
     exclusively from--
       (i) goods referred to in any of subparagraphs (A) through 
     (J); or
       (ii) the derivatives of goods referred to in clause (i).
       (6) Identical goods.--The term ``identical goods'' means 
     goods that are the same in all respects relevant to the rule 
     of origin that qualifies the goods as originating goods.
       (7) Indirect material.--The term ``indirect material'' 
     means a good used in the production, testing, or inspection 
     of another good but not physically incorporated into that 
     other good, or a good used in the maintenance of buildings or 
     the operation of equipment associated with the production of 
     another good, including--
       (A) fuel and energy;
       (B) tools, dies, and molds;

[[Page 15171]]

       (C) spare parts and materials used in the maintenance of 
     equipment or buildings;
       (D) lubricants, greases, compounding materials, and other 
     materials used in production or used to operate equipment or 
     buildings;
       (E) gloves, glasses, footwear, clothing, safety equipment, 
     and supplies;
       (F) equipment, devices, and supplies used for testing or 
     inspecting the good;
       (G) catalysts and solvents; and
       (H) any other good that is not incorporated into the other 
     good but the use of which in the production of the other good 
     can reasonably be demonstrated to be a part of that 
     production.
       (8) Material.--The term ``material'' means a good that is 
     used in the production of another good, including a part or 
     an ingredient.
       (9) Material that is self-produced.--The term ``material 
     that is self-produced'' means an originating material that is 
     produced by a producer of a good and used in the production 
     of that good.
       (10) Model line of motor vehicles.--The term ``model line 
     of motor vehicles'' means a group of motor vehicles having 
     the same platform or model name.
       (11) Net cost.--The term ``net cost'' means total cost 
     minus sales promotion, marketing, and after-sales service 
     costs, royalties, shipping and packing costs, and 
     nonallowable interest costs that are included in the total 
     cost.
       (12) Nonallowable interest costs.--The term ``nonallowable 
     interest costs'' means interest costs incurred by a producer 
     that exceed 700 basis points above the applicable official 
     interest rate for comparable maturities of the country in 
     which the producer is located.
       (13) Nonoriginating good or nonoriginating material.--The 
     term ``nonoriginating good'' or ``nonoriginating material'' 
     means a good or material, as the case may be, that does not 
     qualify as originating under this section.
       (14) Packing materials and containers for shipment.--The 
     term ``packing materials and containers for shipment'' means 
     goods used to protect another good during its transportation 
     and does not include the packaging materials and containers 
     in which the other good is packaged for retail sale.
       (15) Preferential tariff treatment.--The term 
     ``preferential tariff treatment'' means the customs duty 
     rate, and the treatment under article 2.10.4 of the 
     Agreement, that are applicable to an originating good 
     pursuant to the Agreement.
       (16) Producer.--The term ``producer'' means a person who 
     engages in the production of a good in the territory of 
     Colombia or the United States.
       (17) Production.--The term ``production'' means growing, 
     mining, harvesting, fishing, raising, trapping, hunting, 
     manufacturing, processing, assembling, or disassembling a 
     good.
       (18) Reasonably allocate.--The term ``reasonably allocate'' 
     means to apportion in a manner that would be appropriate 
     under generally accepted accounting principles.
       (19) Recovered goods.--The term ``recovered goods'' means 
     materials in the form of individual parts that are the result 
     of--
       (A) the disassembly of used goods into individual parts; 
     and
       (B) the cleaning, inspecting, testing, or other processing 
     that is necessary for improvement to sound working condition 
     of such individual parts.
       (20) Remanufactured good.--The term ``remanufactured good'' 
     means an industrial good assembled in the territory of 
     Colombia or the United States, or both, that is classified 
     under chapter 84, 85, 87, or 90 or heading 9402, other than a 
     good classified under heading 8418 or 8516, and that--
       (A) is entirely or partially comprised of recovered goods; 
     and
       (B) has a similar life expectancy and enjoys a factory 
     warranty similar to such a good that is new.
       (21) Total cost.--
       (A) In general.--The term ``total cost''--
       (i) means all product costs, period costs, and other costs 
     for a good incurred in the territory of Colombia, the United 
     States, or both; and
       (ii) does not include profits that are earned by the 
     producer, regardless of whether they are retained by the 
     producer or paid out to other persons as dividends, or taxes 
     paid on those profits, including capital gains taxes.
       (B) Other definitions.--In this paragraph:
       (i) Product costs.--The term ``product costs'' means costs 
     that are associated with the production of a good and include 
     the value of materials, direct labor costs, and direct 
     overhead.
       (ii) Period costs.--The term ``period costs'' means costs, 
     other than product costs, that are expensed in the period in 
     which they are incurred, such as selling expenses and general 
     and administrative expenses.
       (iii) Other costs.--The term ``other costs'' means all 
     costs recorded on the books of the producer that are not 
     product costs or period costs, such as interest.
       (22) Used.--The term ``used'' means utilized or consumed in 
     the production of goods.
       (o) Presidential Proclamation Authority.--
       (1) In general.--The President is authorized to proclaim, 
     as part of the HTS--
       (A) the provisions set forth in Annex 3-A and Annex 4.1 of 
     the Agreement; and
       (B) any additional subordinate category that is necessary 
     to carry out this title consistent with the Agreement.
       (2) Fabrics and yarns not available in commercial 
     quantities in the united states.--The President is authorized 
     to proclaim that a fabric or yarn is added to the list in 
     Annex 3-B of the Agreement in an unrestricted quantity, as 
     provided in article 3.3.5(e) of the Agreement.
       (3) Modifications.--
       (A) In general.--Subject to the consultation and layover 
     provisions of section 104, the President may proclaim 
     modifications to the provisions proclaimed under the 
     authority of paragraph (1)(A), other than provisions of 
     chapters 50 through 63 (as included in Annex 3-A of the 
     Agreement).
       (B) Additional proclamations.--Notwithstanding subparagraph 
     (A), and subject to the consultation and layover provisions 
     of section 104, the President may proclaim before the end of 
     the 1-year period beginning on the date on which the 
     Agreement enters into force, modifications to correct any 
     typographical, clerical, or other nonsubstantive technical 
     error regarding the provisions of chapters 50 through 63 (as 
     included in Annex 3-A of the Agreement).
       (4) Fabrics, yarns, or fibers not available in commercial 
     quantities in colombia and the united states.--
       (A) In general.--Notwithstanding paragraph (3)(A), the list 
     of fabrics, yarns, and fibers set forth in Annex 3-B of the 
     Agreement may be modified as provided for in this paragraph.
       (B) Definitions.--In this paragraph:
       (i) Interested entity.--The term ``interested entity'' 
     means the Government of Colombia, a potential or actual 
     purchaser of a textile or apparel good, or a potential or 
     actual supplier of a textile or apparel good.
       (ii) Day; days.--All references to ``day'' and ``days'' 
     exclude Saturdays, Sundays, and legal holidays observed by 
     the Government of the United States.
       (C) Requests to add fabrics, yarns, or fibers.--
       (i) In general.--An interested entity may request the 
     President to determine that a fabric, yarn, or fiber is not 
     available in commercial quantities in a timely manner in 
     Colombia and the United States and to add that fabric, yarn, 
     or fiber to the list in Annex 3-B of the Agreement in a 
     restricted or unrestricted quantity.
       (ii) Determination.--After receiving a request under clause 
     (i), the President may determine whether--

       (I) the fabric, yarn, or fiber is available in commercial 
     quantities in a timely manner in Colombia or the United 
     States; or
       (II) any interested entity objects to the request.

       (iii) Proclamation authority.--The President may, within 
     the time periods specified in clause (iv), proclaim that the 
     fabric, yarn, or fiber that is the subject of the request is 
     added to the list in Annex 3-B of the Agreement in an 
     unrestricted quantity, or in any restricted quantity that the 
     President may establish, if the President has determined 
     under clause (ii) that--

       (I) the fabric, yarn, or fiber is not available in 
     commercial quantities in a timely manner in Colombia and the 
     United States; or
       (II) no interested entity has objected to the request.

       (iv) Time periods.--The time periods within which the 
     President may issue a proclamation under clause (iii) are--

       (I) not later than 30 days after the date on which a 
     request is submitted under clause (i); or
       (II) not later than 44 days after the request is submitted, 
     if the President determines, within 30 days after the date on 
     which the request is submitted, that the President does not 
     have sufficient information to make a determination under 
     clause (ii).

       (v) Effective date.--Notwithstanding section 103(a)(2), a 
     proclamation made under clause (iii) shall take effect on the 
     date on which the text of the proclamation is published in 
     the Federal Register.
       (vi) Subsequent action.--Not later than 6 months after 
     proclaiming under clause (iii) that a fabric, yarn, or fiber 
     is added to the list in Annex 3-B of the Agreement in a 
     restricted quantity, the President may eliminate the 
     restriction if the President determines that the fabric, 
     yarn, or fiber is not available in commercial quantities in a 
     timely manner in Colombia and the United States.
       (D) Deemed approval of request.--If, after an interested 
     entity submits a request under subparagraph (C)(i), the 
     President does not, within the applicable time period 
     specified in subparagraph (C)(iv), make a determination under 
     subparagraph (C)(ii) regarding the request, the fabric, yarn, 
     or fiber that is the subject of the request shall be 
     considered to be added, in an unrestricted quantity, to the 
     list in Annex 3-B of the Agreement beginning--
       (i) 45 days after the date on which the request is 
     submitted; or
       (ii) 60 days after the date on which the request is 
     submitted, if the President made a determination under 
     subparagraph (C)(iv)(II).
       (E) Requests to restrict or remove fabrics, yarns, or 
     fibers.--

[[Page 15172]]

       (i) In general.--Subject to clause (ii), an interested 
     entity may request the President to restrict the quantity of, 
     or remove from the list in Annex 3-B of the Agreement, any 
     fabric, yarn, or fiber--

       (I) that has been added to that list in an unrestricted 
     quantity pursuant to paragraph (2) or subparagraph (C)(iii) 
     or (D) of this paragraph; or
       (II) with respect to which the President has eliminated a 
     restriction under subparagraph (C)(vi).

       (ii) Time period for submission.--An interested entity may 
     submit a request under clause (i) at any time beginning on 
     the date that is 6 months after the date of the action 
     described in subclause (I) or (II) of that clause.
       (iii) Proclamation authority.--Not later than 30 days after 
     the date on which a request under clause (i) is submitted, 
     the President may proclaim an action provided for under 
     clause (i) if the President determines that the fabric, yarn, 
     or fiber that is the subject of the request is available in 
     commercial quantities in a timely manner in Colombia or the 
     United States.
       (iv) Effective date.--A proclamation issued under clause 
     (iii) may not take effect earlier than the date that is 6 
     months after the date on which the text of the proclamation 
     is published in the Federal Register.
       (F) Procedures.--The President shall establish procedures--
       (i) governing the submission of a request under 
     subparagraphs (C) and (E); and
       (ii) providing an opportunity for interested entities to 
     submit comments and supporting evidence before the President 
     makes a determination under subparagraph (C) (ii) or (vi) or 
     (E)(iii).

     SEC. 204. CUSTOMS USER FEES.

       Section 13031(b) of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c(b)) is amended by 
     adding after paragraph (19), the following:
       ``(20) No fee may be charged under subsection (a) (9) or 
     (10) with respect to goods that qualify as originating goods 
     under section 203 of the United States-Colombia Trade 
     Promotion Agreement Implementation Act. Any service for which 
     an exemption from such fee is provided by reason of this 
     paragraph may not be funded with money contained in the 
     Customs User Fee Account.''.

     SEC. 205. DISCLOSURE OF INCORRECT INFORMATION; FALSE 
                   CERTIFICATIONS OF ORIGIN; DENIAL OF 
                   PREFERENTIAL TARIFF TREATMENT.

       (a) Disclosure of Incorrect Information.--Section 592 of 
     the Tariff Act of 1930 (19 U.S.C. 1592) is amended--
       (1) in subsection (c)--
       (A) by redesignating paragraph (12) as paragraph (13); and
       (B) by inserting after paragraph (11) the following new 
     paragraph:
       ``(12) Prior disclosure regarding claims under the united 
     states-colombia trade promotion agreement.--An importer shall 
     not be subject to penalties under subsection (a) for making 
     an incorrect claim that a good qualifies as an originating 
     good under section 203 of the United States-Colombia Trade 
     Promotion Agreement Implementation Act if the importer, in 
     accordance with regulations issued by the Secretary of the 
     Treasury, promptly and voluntarily makes a corrected 
     declaration and pays any duties owing with respect to that 
     good.''; and
       (2) by adding at the end the following new subsection:
       ``(k) False Certifications of Origin Under the United 
     States-Colombia Trade Promotion Agreement.--
       ``(1) In general.--Subject to paragraph (2), it is unlawful 
     for any person to certify falsely, by fraud, gross 
     negligence, or negligence, in a CTPA certification of origin 
     (as defined in section 508 of this Act) that a good exported 
     from the United States qualifies as an originating good under 
     the rules of origin provided for in section 203 of the United 
     States-Colombia Trade Promotion Agreement Implementation Act. 
     The procedures and penalties of this section that apply to a 
     violation of subsection (a) also apply to a violation of this 
     subsection.
       ``(2) Prompt and voluntary disclosure of incorrect 
     information.--No penalty shall be imposed under this 
     subsection if, promptly after an exporter or producer that 
     issued a CTPA certification of origin has reason to believe 
     that such certification contains or is based on incorrect 
     information, the exporter or producer voluntarily provides 
     written notice of such incorrect information to every person 
     to whom the certification was issued.
       ``(3) Exception.--A person shall not be considered to have 
     violated paragraph (1) if--
       ``(A) the information was correct at the time it was 
     provided in a CTPA certification of origin but was later 
     rendered incorrect due to a change in circumstances; and
       ``(B) the person promptly and voluntarily provides written 
     notice of the change in circumstances to all persons to whom 
     the person provided the certification.''.
       (b) Denial of Preferential Tariff Treatment.--Section 514 
     of the Tariff Act of 1930 (19 U.S.C. 1514) is amended by 
     adding at the end the following new subsection:
       ``(k) Denial of Preferential Tariff Treatment Under the 
     United States-Colombia Trade Promotion Agreement.--If U.S. 
     Customs and Border Protection or U.S. Immigration and Customs 
     Enforcement of the Department of Homeland Security finds 
     indications of a pattern of conduct by an importer, exporter, 
     or producer of false or unsupported representations that 
     goods qualify under the rules of origin provided for in 
     section 203 of the United States-Colombia Trade Promotion 
     Agreement Implementation Act, U.S. Customs and Border 
     Protection, in accordance with regulations issued by the 
     Secretary of the Treasury, may suspend preferential tariff 
     treatment under the United States-Colombia Trade Promotion 
     Agreement to entries of identical goods covered by subsequent 
     representations by that importer, exporter, or producer until 
     U.S. Customs and Border Protection determines that 
     representations of that person are in conformity with such 
     section 203.''.

     SEC. 206. RELIQUIDATION OF ENTRIES.

       Section 520(d) of the Tariff Act of 1930 (19 U.S.C. 
     1520(d)) is amended in the matter preceding paragraph (1)--
       (1) by striking ``or''; and
       (2) by striking ``for which'' and inserting ``, or section 
     203 of the United States-Colombia Trade Promotion Agreement 
     Implementation Act for which''.

     SEC. 207. RECORDKEEPING REQUIREMENTS.

       Section 508 of the Tariff Act of 1930 (19 U.S.C. 1508) is 
     amended--
       (1) by redesignating subsection (j) as subsection (k);
       (2) by inserting after subsection (i) the following new 
     subsection:
       ``(j) Certifications of Origin for Goods Exported Under the 
     United States-Colombia Trade Promotion Agreement.--
       ``(1) Definitions.--In this subsection:
       ``(A) Records and supporting documents.--The term `records 
     and supporting documents' means, with respect to an exported 
     good under paragraph (2), records and documents related to 
     the origin of the good, including--
       ``(i) the purchase, cost, and value of, and payment for, 
     the good;
       ``(ii) the purchase, cost, and value of, and payment for, 
     all materials, including indirect materials, used in the 
     production of the good; and
       ``(iii) the production of the good in the form in which it 
     was exported.
       ``(B) CTPA certification of origin.--The term `CTPA 
     certification of origin' means the certification established 
     under article 4.15 of the United States-Colombia Trade 
     Promotion Agreement that a good qualifies as an originating 
     good under such Agreement.
       ``(2) Exports to colombia.--Any person who completes and 
     issues a CTPA certification of origin for a good exported 
     from the United States shall make, keep, and, pursuant to 
     rules and regulations promulgated by the Secretary of the 
     Treasury, render for examination and inspection all records 
     and supporting documents related to the origin of the good 
     (including the certification or copies thereof).
       ``(3) Retention period.--The person who issues a CTPA 
     certification of origin shall keep the records and supporting 
     documents relating to that certification of origin for a 
     period of at least 5 years after the date on which the 
     certification is issued.''; and
       (3) in subsection (k), as so redesignated by striking 
     ``(h), or (i)'' and inserting ``(h), (i), or (j)''.

     SEC. 208. ENFORCEMENT RELATING TO TRADE IN TEXTILE OR APPAREL 
                   GOODS.

       (a) Action During Verification.--
       (1) In general.--If the Secretary of the Treasury requests 
     the Government of Colombia to conduct a verification pursuant 
     to article 3.2 of the Agreement for purposes of making a 
     determination under paragraph (2), the President may direct 
     the Secretary to take appropriate action described in 
     subsection (b) while the verification is being conducted.
       (2) Determination.--A determination under this paragraph is 
     a determination of the Secretary that--
       (A) an exporter or producer in Colombia is complying with 
     applicable customs laws, regulations, and procedures 
     regarding trade in textile or apparel goods, or
       (B) a claim that a textile or apparel good exported or 
     produced by such exporter or producer--
       (i) qualifies as an originating good under section 203, or
       (ii) is a good of Colombia,
     is accurate.
       (b) Appropriate Action Described.--Appropriate action under 
     subsection (a)(1) includes--
       (1) suspension of preferential tariff treatment under the 
     Agreement with respect to--
       (A) any textile or apparel good exported or produced by the 
     person that is the subject of a verification under subsection 
     (a)(1) regarding compliance described in subsection 
     (a)(2)(A), if the Secretary of the Treasury determines that 
     there is insufficient information to support any claim for 
     preferential tariff treatment that has been made with respect 
     to any such good; or
       (B) the textile or apparel good for which a claim of 
     preferential tariff treatment has been made that is the 
     subject of a verification under subsection (a)(1) regarding a 
     claim described in subsection (a)(2)(B), if the Secretary 
     determines that there is insufficient information to support 
     that claim;
       (2) denial of preferential tariff treatment under the 
     Agreement with respect to--

[[Page 15173]]

       (A) any textile or apparel good exported or produced by the 
     person that is the subject of a verification under subsection 
     (a)(1) regarding compliance described in subsection 
     (a)(2)(A), if the Secretary determines that the person has 
     provided incorrect information to support any claim for 
     preferential tariff treatment that has been made with respect 
     to any such good; or
       (B) the textile or apparel good for which a claim of 
     preferential tariff treatment has been made that is the 
     subject of a verification under subsection (a)(1) regarding a 
     claim described in subsection (a)(2)(B), if the Secretary 
     determines that a person has provided incorrect information 
     to support that claim;
       (3) detention of any textile or apparel good exported or 
     produced by the person that is the subject of a verification 
     under subsection (a)(1) regarding compliance described in 
     subsection (a)(2)(A) or a claim described in subsection 
     (a)(2)(B), if the Secretary determines that there is 
     insufficient information to determine the country of origin 
     of any such good; and
       (4) denial of entry into the United States of any textile 
     or apparel good exported or produced by the person that is 
     the subject of a verification under subsection (a)(1) 
     regarding compliance described in subsection (a)(2)(A) or a 
     claim described in subsection (a)(2)(B), if the Secretary 
     determines that the person has provided incorrect information 
     as to the country of origin of any such good.
       (c) Action on Completion of a Verification.--On completion 
     of a verification under subsection (a)(1), the President may 
     direct the Secretary of the Treasury to take appropriate 
     action described in subsection (d) until such time as the 
     Secretary receives information sufficient to make the 
     determination under subsection (a)(2) or until such earlier 
     date as the President may direct.
       (d) Appropriate Action Described.--Appropriate action under 
     subsection (c) includes--
       (1) denial of preferential tariff treatment under the 
     Agreement with respect to--
       (A) any textile or apparel good exported or produced by the 
     person that is the subject of a verification under subsection 
     (a)(1) regarding compliance described in subsection 
     (a)(2)(A), if the Secretary of the Treasury determines that 
     there is insufficient information to support, or that the 
     person has provided incorrect information to support, any 
     claim for preferential tariff treatment that has been made 
     with respect to any such good; or
       (B) the textile or apparel good for which a claim of 
     preferential tariff treatment has been made that is the 
     subject of a verification under subsection (a)(1) regarding a 
     claim described in subsection (a)(2)(B), if the Secretary 
     determines that there is insufficient information to support, 
     or that a person has provided incorrect information to 
     support, that claim; and
       (2) denial of entry into the United States of any textile 
     or apparel good exported or produced by the person that is 
     the subject of a verification under subsection (a)(1) 
     regarding compliance described in subsection (a)(2)(A) or a 
     claim described in subsection (a)(2)(B), if the Secretary 
     determines that there is insufficient information to 
     determine, or that the person has provided incorrect 
     information as to, the country of origin of any such good.
       (e) Publication of Name of Person.--In accordance with 
     article 3.2.6 of the Agreement, the Secretary of the Treasury 
     may publish the name of any person that the Secretary has 
     determined--
       (1) is engaged in circumvention of applicable laws, 
     regulations, or procedures affecting trade in textile or 
     apparel goods; or
       (2) has failed to demonstrate that it produces, or is 
     capable of producing, textile or apparel goods.

     SEC. 209. REGULATIONS.

       The Secretary of the Treasury shall prescribe such 
     regulations as may be necessary to carry out--
       (1) subsections (a) through (n) of section 203;
       (2) the amendment made by section 204; and
       (3) any proclamation issued under section 203(o).

                     TITLE III--RELIEF FROM IMPORTS

     SEC. 301. DEFINITIONS.

       In this title:
       (1) Colombian article.--The term ``Colombian article'' 
     means an article that qualifies as an originating good under 
     section 203(b).
       (2) Colombian textile or apparel article.--The term 
     ``Colombian textile or apparel article'' means a textile or 
     apparel good (as defined in section 3(4)) that is a Colombian 
     article.

     Subtitle A--Relief From Imports Benefitting From the Agreement

     SEC. 311. COMMENCING OF ACTION FOR RELIEF.

       (a) Filing of Petition.--A petition requesting action under 
     this subtitle for the purpose of adjusting to the obligations 
     of the United States under the Agreement may be filed with 
     the Commission by an entity, including a trade association, 
     firm, certified or recognized union, or group of workers, 
     that is representative of an industry. The Commission shall 
     transmit a copy of any petition filed under this subsection 
     to the United States Trade Representative.
       (b) Investigation and Determination.--Upon the filing of a 
     petition under subsection (a), the Commission, unless 
     subsection (d) applies, shall promptly initiate an 
     investigation to determine whether, as a result of the 
     reduction or elimination of a duty provided for under the 
     Agreement, a Colombian article is being imported into the 
     United States in such increased quantities, in absolute terms 
     or relative to domestic production, and under such conditions 
     that imports of the Colombian article constitute a 
     substantial cause of serious injury or threat thereof to the 
     domestic industry producing an article that is like, or 
     directly competitive with, the imported article.
       (c) Applicable Provisions.--The following provisions of 
     section 202 of the Trade Act of 1974 (19 U.S.C. 2252) apply 
     with respect to any investigation initiated under subsection 
     (b):
       (1) Paragraphs (1)(B) and (3) of subsection (b).
       (2) Subsection (c).
       (3) Subsection (i).
       (d) Articles Exempt From Investigation.--No investigation 
     may be initiated under this section with respect to any 
     Colombian article if, after the date on which the Agreement 
     enters into force, import relief has been provided with 
     respect to that Colombian article under this subtitle.

     SEC. 312. COMMISSION ACTION ON PETITION.

       (a) Determination.--Not later than 120 days after the date 
     on which an investigation is initiated under section 311(b) 
     with respect to a petition, the Commission shall make the 
     determination required under that section.
       (b) Applicable Provisions.--For purposes of this subtitle, 
     the provisions of paragraphs (1), (2), and (3) of section 
     330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d) (1), (2), 
     and (3)) shall be applied with respect to determinations and 
     findings made under this section as if such determinations 
     and findings were made under section 202 of the Trade Act of 
     1974 (19 U.S.C. 2252).
       (c) Additional Finding and Recommendation if Determination 
     Affirmative.--
       (1) In general.--If the determination made by the 
     Commission under subsection (a) with respect to imports of an 
     article is affirmative, or if the President may consider a 
     determination of the Commission to be an affirmative 
     determination as provided for under paragraph (1) of section 
     330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d)(1)), the 
     Commission shall find, and recommend to the President in the 
     report required under subsection (d), the amount of import 
     relief that is necessary to remedy or prevent the injury 
     found by the Commission in the determination and to 
     facilitate the efforts of the domestic industry to make a 
     positive adjustment to import competition.
       (2) Limitation on relief.--The import relief recommended by 
     the Commission under this subsection shall be limited to the 
     relief described in section 313(c).
       (3) Voting; separate views.--Only those members of the 
     Commission who voted in the affirmative under subsection (a) 
     are eligible to vote on the proposed action to remedy or 
     prevent the injury found by the Commission. Members of the 
     Commission who did not vote in the affirmative may submit, in 
     the report required under subsection (d), separate views 
     regarding what action, if any, should be taken to remedy or 
     prevent the injury.
       (d) Report to President.--Not later than the date that is 
     30 days after the date on which a determination is made under 
     subsection (a) with respect to an investigation, the 
     Commission shall submit to the President a report that 
     includes--
       (1) the determination made under subsection (a) and an 
     explanation of the basis for the determination;
       (2) if the determination under subsection (a) is 
     affirmative, any findings and recommendations for import 
     relief made under subsection (c) and an explanation of the 
     basis for each recommendation; and
       (3) any dissenting or separate views by members of the 
     Commission regarding the determination referred to in 
     paragraph (1) and any finding or recommendation referred to 
     in paragraph (2).
       (e) Public Notice.--Upon submitting a report to the 
     President under subsection (d), the Commission shall promptly 
     make public the report (with the exception of information 
     which the Commission determines to be confidential) and shall 
     publish a summary of the report in the Federal Register.

     SEC. 313. PROVISION OF RELIEF.

       (a) In General.--Not later than the date that is 30 days 
     after the date on which the President receives a report of 
     the Commission in which the Commission's determination under 
     section 312(a) is affirmative, or which contains a 
     determination under section 312(a) that the President 
     considers to be affirmative under paragraph (1) of section 
     330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d)(1)), the 
     President, subject to subsection (b), shall provide relief 
     from imports of the article that is the subject of such 
     determination to the extent that the President determines 
     necessary to remedy or prevent the injury found by the 
     Commission and to facilitate the efforts of the domestic 
     industry to make a positive adjustment to import competition.
       (b) Exception.--The President is not required to provide 
     import relief under this

[[Page 15174]]

     section if the President determines that the provision of the 
     import relief will not provide greater economic and social 
     benefits than costs.
       (c) Nature of Relief.--
       (1) In general.--The import relief that the President is 
     authorized to provide under this section with respect to 
     imports of an article is as follows:
       (A) The suspension of any further reduction provided for 
     under Annex 2.3 of the Agreement in the duty imposed on the 
     article.
       (B) An increase in the rate of duty imposed on the article 
     to a level that does not exceed the lesser of--
       (i) the column 1 general rate of duty imposed under the HTS 
     on like articles at the time the import relief is provided; 
     or
       (ii) the column 1 general rate of duty imposed under the 
     HTS on like articles on the day before the date on which the 
     Agreement enters into force.
       (2) Progressive liberalization.--If the period for which 
     import relief is provided under this section is greater than 
     1 year, the President shall provide for the progressive 
     liberalization (described in article 8.2.2 of the Agreement) 
     of such relief at regular intervals during the period of its 
     application.
       (d) Period of Relief.--
       (1) In general.--Subject to paragraph (2), any import 
     relief that the President provides under this section may not 
     be in effect for more than 2 years.
       (2) Extension.--
       (A) In general.--Subject to subparagraph (C), the 
     President, after receiving a determination from the 
     Commission under subparagraph (B) that is affirmative, or 
     which the President considers to be affirmative under 
     paragraph (1) of section 330(d) of the Tariff Act of 1930 (19 
     U.S.C. 1330(d)(1)), may extend the effective period of any 
     import relief provided under this section by up to 2 years, 
     if the President determines that--
       (i) the import relief continues to be necessary to remedy 
     or prevent serious injury and to facilitate adjustment by the 
     domestic industry to import competition; and
       (ii) there is evidence that the industry is making a 
     positive adjustment to import competition.
       (B) Action by commission.--
       (i) Investigation.--Upon a petition on behalf of the 
     industry concerned that is filed with the Commission not 
     earlier than the date that is 9 months, and not later than 
     the date that is 6 months, before the date on which any 
     action taken under subsection (a) is to terminate, the 
     Commission shall conduct an investigation to determine 
     whether action under this section continues to be necessary 
     to remedy or prevent serious injury and whether there is 
     evidence that the industry is making a positive adjustment to 
     import competition.
       (ii) Notice and hearing.--The Commission shall publish 
     notice of the commencement of any proceeding under this 
     subparagraph in the Federal Register and shall, within a 
     reasonable time thereafter, hold a public hearing at which 
     the Commission shall afford interested parties and consumers 
     an opportunity to be present, to present evidence, and to 
     respond to the presentations of other parties and consumers, 
     and otherwise to be heard.
       (iii) Report.--The Commission shall submit to the President 
     a report on its investigation and determination under this 
     subparagraph not later than 60 days before the action under 
     subsection (a) is to terminate, unless the President 
     specifies a different date.
       (C) Period of import relief.--Any import relief provided 
     under this section, including any extensions thereof, may 
     not, in the aggregate, be in effect for more than 4 years.
       (e) Rate After Termination of Import Relief.--When import 
     relief under this section is terminated with respect to an 
     article--
       (1) the rate of duty on that article after such termination 
     and on or before December 31 of the year in which such 
     termination occurs shall be the rate that, according to the 
     Schedule of the United States to Annex 2.3 of the Agreement, 
     would have been in effect 1 year after the provision of 
     relief under subsection (a); and
       (2) the rate of duty for that article after December 31 of 
     the year in which such termination occurs shall be, at the 
     discretion of the President, either--
       (A) the applicable rate of duty for that article set forth 
     in the Schedule of the United States to Annex 2.3 of the 
     Agreement; or
       (B) the rate of duty resulting from the elimination of the 
     tariff in equal annual stages ending on the date set forth in 
     the Schedule of the United States to Annex 2.3 of the 
     Agreement for the elimination of the tariff.
       (f) Articles Exempt From Relief.--No import relief may be 
     provided under this section on--
       (1) any article that is subject to import relief under--
       (A) subtitle B; or
       (B) chapter 1 of title II of the Trade Act of 1974 (19 
     U.S.C. 2251 et seq.); or
       (2) any article on which an additional duty assessed under 
     section 202(b) is in effect.

     SEC. 314. TERMINATION OF RELIEF AUTHORITY.

       (a) General Rule.--Subject to subsection (b), no import 
     relief may be provided under this subtitle after the date 
     that is 10 years after the date on which the Agreement enters 
     into force.
       (b) Exception.--If an article for which relief is provided 
     under this subtitle is an article for which the period for 
     tariff elimination, set forth in the Schedule of the United 
     States to Annex 2.3 of the Agreement, is greater than 10 
     years, no relief under this subtitle may be provided for that 
     article after the date on which that period ends.

     SEC. 315. COMPENSATION AUTHORITY.

       For purposes of section 123 of the Trade Act of 1974 (19 
     U.S.C. 2133), any import relief provided by the President 
     under section 313 shall be treated as action taken under 
     chapter 1 of title II of such Act (19 U.S.C. 2251 et seq.).

     SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.

       Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 
     2252(a)(8)) is amended in the first sentence--
       (1) by striking ``and''; and
       (2) by inserting before the period at the end ``, and title 
     III of the United States-Colombia Trade Promotion Agreement 
     Implementation Act''.

           Subtitle B--Textile and Apparel Safeguard Measures

     SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.

       (a) In General.--A request for action under this subtitle 
     for the purpose of adjusting to the obligations of the United 
     States under the Agreement may be filed with the President by 
     an interested party. Upon the filing of a request, the 
     President shall review the request to determine, from 
     information presented in the request, whether to commence 
     consideration of the request.
       (b) Publication of Request.--If the President determines 
     that the request under subsection (a) provides the 
     information necessary for the request to be considered, the 
     President shall publish in the Federal Register a notice of 
     commencement of consideration of the request, and notice 
     seeking public comments regarding the request. The notice 
     shall include a summary of the request and the dates by which 
     comments and rebuttals must be received.

     SEC. 322. DETERMINATION AND PROVISION OF RELIEF.

       (a) Determination.--
       (1) In general.--If a positive determination is made under 
     section 321(b), the President shall determine whether, as a 
     result of the elimination of a duty under the Agreement, a 
     Colombian textile or apparel article is being imported into 
     the United States in such increased quantities, in absolute 
     terms or relative to the domestic market for that article, 
     and under such conditions as to cause serious damage, or 
     actual threat thereof, to a domestic industry producing an 
     article that is like, or directly competitive with, the 
     imported article.
       (2) Serious damage.--In making a determination under 
     paragraph (1), the President--
       (A) shall examine the effect of increased imports on the 
     domestic industry, as reflected in changes in such relevant 
     economic factors as output, productivity, utilization of 
     capacity, inventories, market share, exports, wages, 
     employment, domestic prices, profits and losses, and 
     investment, no one of which is necessarily decisive; and
       (B) shall not consider changes in consumer preference or 
     changes in technology in the United States as factors 
     supporting a determination of serious damage or actual threat 
     thereof.
       (b) Provision of Relief.--
       (1) In general.--If a determination under subsection (a) is 
     affirmative, the President may provide relief from imports of 
     the article that is the subject of such determination, as 
     provided in paragraph (2), to the extent that the President 
     determines necessary to remedy or prevent the serious damage 
     and to facilitate adjustment by the domestic industry.
       (2) Nature of relief.--The relief that the President is 
     authorized to provide under this subsection with respect to 
     imports of an article is an increase in the rate of duty 
     imposed on the article to a level that does not exceed the 
     lesser of--
       (A) the column 1 general rate of duty imposed under the HTS 
     on like articles at the time the import relief is provided; 
     or
       (B) the column 1 general rate of duty imposed under the HTS 
     on like articles on the day before the date on which the 
     Agreement enters into force.

     SEC. 323. PERIOD OF RELIEF.

       (a) In General.--Subject to subsection (b), the import 
     relief that the President provides under section 322(b) may 
     not be in effect for more than 2 years.
       (b) Extension.--
       (1) In general.--Subject to paragraph (2), the President 
     may extend the effective period of any import relief provided 
     under this subtitle for a period of not more than 1 year, if 
     the President determines that--
       (A) the import relief continues to be necessary to remedy 
     or prevent serious damage and to facilitate adjustment by the 
     domestic industry to import competition; and
       (B) there is evidence that the industry is making a 
     positive adjustment to import competition.

[[Page 15175]]

       (2) Limitation.--Any relief provided under this subtitle, 
     including any extensions thereof, may not, in the aggregate, 
     be in effect for more than 3 years.

     SEC. 324. ARTICLES EXEMPT FROM RELIEF.

       The President may not provide import relief under this 
     subtitle with respect to an article if--
       (1) import relief previously has been provided under this 
     subtitle with respect to that article; or
       (2) the article is subject to import relief under--
       (A) subtitle A; or
       (B) chapter 1 of title II of the Trade Act of 1974 (19 
     U.S.C. 2251 et seq.).

     SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.

       On the date on which import relief under this subtitle is 
     terminated with respect to an article, the rate of duty on 
     that article shall be the rate that would have been in effect 
     but for the provision of such relief.

     SEC. 326. TERMINATION OF RELIEF AUTHORITY.

       No import relief may be provided under this subtitle with 
     respect to any article after the date that is 5 years after 
     the date on which the Agreement enters into force.

     SEC. 327. COMPENSATION AUTHORITY.

       For purposes of section 123 of the Trade Act of 1974 (19 
     U.S.C. 2133), any import relief provided by the President 
     under this subtitle shall be treated as action taken under 
     chapter 1 of title II of such Act (19 U.S.C. 2251 et seq.).

     SEC. 328. CONFIDENTIAL BUSINESS INFORMATION.

       The President may not release information received in 
     connection with an investigation or determination under this 
     subtitle which the President considers to be confidential 
     business information unless the party submitting the 
     confidential business information had notice, at the time of 
     submission, that such information would be released by the 
     President, or such party subsequently consents to the release 
     of the information. To the extent a party submits 
     confidential business information, the party shall also 
     provide a nonconfidential version of the information in which 
     the confidential business information is summarized or, if 
     necessary, deleted.

       Subtitle C--Cases Under Title II of the Trade Act of 1974

     SEC. 331. FINDINGS AND ACTION ON COLOMBIAN ARTICLES.

       (a) Effect of Imports.--If, in any investigation initiated 
     under chapter 1 of title II of the Trade Act of 1974 (19 
     U.S.C. 2251 et seq.), the Commission makes an affirmative 
     determination (or a determination which the President may 
     treat as an affirmative determination under such chapter by 
     reason of section 330(d) of the Tariff Act of 1930 (19 U.S.C. 
     1330(d)), the Commission shall also find (and report to the 
     President at the time such injury determination is submitted 
     to the President) whether imports of the Colombian article 
     are a substantial cause of serious injury or threat thereof.
       (b) Presidential Determination Regarding Colombian 
     Articles.--In determining the nature and extent of action to 
     be taken under chapter 1 of title II of the Trade Act of 1974 
     (19 U.S.C. 2251 et seq.), the President may exclude from the 
     action Colombian articles with respect to which the 
     Commission has made a negative finding under subsection (a).

                         TITLE IV--PROCUREMENT

     SEC. 401. ELIGIBLE PRODUCTS.

       Section 308(4)(A) of the Trade Agreements Act of 1979 (19 
     U.S.C. 2518(4)(A)) is amended--
       (1) by striking ``or'' at the end of clause (vii);
       (2) by striking the period at the end of clause (viii) and 
     inserting ``; or''; and
       (3) by adding at the end the following new clause:
       ``(ix) a party to the United States-Colombia Trade 
     Promotion Agreement, a product or service of that country or 
     instrumentality which is covered under that agreement for 
     procurement by the United States.''.

           TITLE V--EXTENSION OF ANDEAN TRADE PREFERENCE ACT

     SEC. 501. EXTENSION OF ANDEAN TRADE PREFERENCE ACT.

       (a) Extension.--Section 208(a) of the Andean Trade 
     Preference Act (19 U.S.C. 3206(a)) is amended--
       (1) in paragraph (1)(A), by striking ``February 12, 2011'' 
     and inserting ``July 31, 2013''; and
       (2) in paragraph (2), by striking ``February 12, 2011'' and 
     inserting ``July 31, 2013''.
       (b) Treatment of Certain Apparel Articles.--Section 
     204(b)(3) of the Andean Trade Preference Act (19 U.S.C. 
     3203(b)(3)) is amended--
       (1) in subparagraph (B)--
       (A) in clause (iii)--
       (i) in subclause (II), by striking ``8 succeeding 1-year 
     periods'' and inserting ``10 succeeding 1-year periods''; and
       (ii) in subclause (III)(bb), by striking ``and for the 
     succeeding 3-year period'' and inserting ``and for the 
     succeeding 5-year period''; and
       (B) in clause (v)(II), by striking ``7 succeeding 1-year 
     periods'' and inserting ``9 succeeding 1-year periods''; and
       (2) in subparagraph (E)(ii)(II), by striking ``February 12, 
     2011'' and inserting ``July 31, 2013''.
       (c) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply to articles entered on or after the 15th day after the 
     date of the enactment of this Act.
       (2) Retroactive application for certain liquidations and 
     reliquidations.--
       (A) In general.--Notwithstanding section 514 of the Tariff 
     Act of 1930 (19 U.S.C. 1514) or any other provision of law 
     and subject to subparagraph (B), any entry of an article to 
     which duty-free treatment or other preferential treatment 
     under the Andean Trade Preference Act would have applied if 
     the entry had been made on February 12, 2011, that was made--
       (i) after February 12, 2011, and
       (ii) before the 15th day after the date of the enactment of 
     this Act,
     shall be liquidated or reliquidated as though such entry 
     occurred on the date that is 15 days after the date of the 
     enactment of this Act.
       (B) Requests.--A liquidation or reliquidation may be made 
     under subparagraph (A) with respect to an entry only if a 
     request therefor is filed with U.S. Customs and Border 
     Protection not later than 180 days after the date of the 
     enactment of this Act that contains sufficient information to 
     enable U.S. Customs and Border Protection--
       (i) to locate the entry; or
       (ii) to reconstruct the entry if it cannot be located.
       (C) Payment of amounts owed.--Any amounts owed by the 
     United States pursuant to the liquidation or reliquidation of 
     an entry of an article under subparagraph (A) shall be paid, 
     without interest, not later than 90 days after the date of 
     the liquidation or reliquidation (as the case may be).
       (3) Definition.--As used in this subsection, the term 
     ``entry'' includes a withdrawal from warehouse for 
     consumption.

                           TITLE VI--OFFSETS

     SEC. 601. ELIMINATION OF CERTAIN NAFTA CUSTOMS FEES 
                   EXEMPTION.

       (a) In General.--Section 13031(b)(1)(A)(i) of the 
     Consolidated Omnibus Budget Reconciliation Act of 1985 (19 
     U.S.C. 58c(b)(1)(A)(i)) is amended to read as follows:
       ``(i) the arrival of any passenger whose journey--
       ``(I) originated in a territory or possession of the United 
     States; or
       ``(II) originated in the United States and was limited to 
     territories and possessions of the United States;''.
       (b) Use of Fees.--The fees collected as a result of the 
     amendment made by this section shall be deposited in the 
     Customs User Fee Account, shall be available for 
     reimbursement of customs services and inspections costs, and 
     shall be available only to the extent provided in 
     appropriations Acts.
       (c) Effective Date.--This section and the amendments made 
     by this section shall apply to passengers arriving from 
     Canada, Mexico, or an adjacent island on or after the date 
     that is 15 days after the date of the enactment of this Act.

     SEC. 602. EXTENSION OF CUSTOMS USER FEES.

       Section 13031(j)(3) of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended 
     by adding at the end the following:
       ``(C)(i) Notwithstanding subparagraph (A), fees may be 
     charged under paragraphs (9) and (10) of subsection (a) 
     during the period beginning on August 3, 2021, and ending on 
     September 30, 2021.
       ``(ii) Notwithstanding subparagraph (B)(i), fees may be 
     charged under paragraphs (1) through (8) of subsection (a) 
     during the period beginning on December 9, 2020, and ending 
     on August 31, 2021.''.

     SEC. 603. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.

       Notwithstanding section 6655 of the Internal Revenue Code 
     of 1986, in the case of a corporation with assets of not less 
     than $1,000,000,000 (determined as of the end of the 
     preceding taxable year)--
       (1) the amount of any required installment of corporate 
     estimated tax which is otherwise due in July, August, or 
     September of 2016 shall be increased by 0.50 percent of such 
     amount (determined without regard to any increase in such 
     amount not contained in such Code); and
       (2) the amount of the next required installment after an 
     installment referred to in paragraph (1) shall be 
     appropriately reduced to reflect the amount of the increase 
     by reason of such paragraph.

  The SPEAKER pro tempore. The gentleman from Texas (Mr. Brady) and the 
gentleman from Michigan (Mr. Levin) each will control 45 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. BRADY of Texas. Madam Speaker, I ask unanimous consent that all 
Members have 5 legislative days in which to revise and extend their 
remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. BRADY of Texas. Madam Speaker, at this time I reserve the balance 
of my time.

[[Page 15176]]


  Mr. LEVIN. It is now my privilege to yield 4 minutes to the gentleman 
from Washington (Mr. McDermott), the ranking member on Trade.
  Mr. McDERMOTT. Madam Speaker, tonight the fat is in the fire. We're 
starting with the tough one up front, and I rise in opposition to the 
Colombia free trade agreement.
  I believe that trade can have transformative effects on a society and 
its economy. I've seen it firsthand in Seattle, where one out of three 
or one out of four people make their living directly from trade. I've 
seen it in southern Africa. I helped write the AGOA Act, and I've seen 
the effects that it has had there. When trade is done right, it creates 
opportunities, it generates jobs, and it lifts people up the economic 
ladder--if it is done right.
  Now, I don't come to this with any kind of ideological knee jerk. I 
am one who believes that you need to go and look. And I've been to 
Colombia on several different occasions, once with Commerce Secretary 
Gutierrez. We went out to community meetings. We sat down and listened 
to people talk. President Uribe had a community meeting, and we saw 
what was going on. I've been to Medellin, which was one of the most 
dangerous cities in Central America--in fact, in the world. And one day 
when one of the drug lords was taken out, the people of Medellin said, 
No mas, no more. We don't want anymore.
  Colombia has come a long way from the image that people have of that 
country, but there still are problems--too many remaining--and the 
efforts to address them have not been really activated. Now, the labor 
problems are really grave. Last year, more union leaders were killed in 
Colombia than the rest of the world combined. Nearly every murder has 
been gotten away with. No one has been arrested, no prosecution, 
nothing.
  Now, effective organizing would save lives in Colombia just like it 
has in the rest of the world, but Colombian laws compound this culture 
of impunity by making it easy to deny workers their basic rights. 
Imagine what it does to a worker thinking about joining a union to 
improve his lot or her lot. No wonder only 4.4 percent of Colombia's 
labor force dares to unionize.
  Democrats have been clear from the very start that this situation 
needs to be addressed--for the sake of the working people in Colombia, 
for the safety of Colombian workers and their families, and for the 
working people here in the United States, because the working community 
around the world is all one, really. What happens to workers in one 
area has an effect in other areas. And if we allow people to take jobs 
where the cheapest labor is or where there are no rules or no anything, 
we then damage our own workers. And that's part of the problem in this 
whole issue as we discuss it here tonight.
  Now, to be sure, we've made some important victories in trying to 
renegotiate this agreement. After the Bush administration had written 
these agreements, we said no. And then we took over in the House, and 
Mr. Rangel and Mr. Levin negotiated the ``May 10'' agreement with the 
President of the United States. That included minimum internationally 
recognized labor standards, and it was a crucial step.
  The renegotiation of the U.S.-Colombia free trade agreement has also 
a produced a Labor Action Plan, which was another part of the 
development of what was going on with Colombia.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. McDERMOTT. I will save a little of this for tomorrow because 
we're going to debate on this again tomorrow.
  Mr. BRADY of Texas. Madam Speaker, I yield the balance of my time to 
the chairman of the committee, Mr. Camp, and I ask unanimous consent 
that he may control the time.
  The SPEAKER pro tempore. Without objection, the gentleman from 
Michigan will control the time.
  There was no objection.
  Mr. CAMP. I yield myself such time as I may consume.
  Madam Speaker, today is a good day. Many of us have been working for 
years for the opportunity to approve our pending trade agreements with 
Colombia, Panama, and South Korea. We have called on the President 
throughout his term to submit all three agreements to Congress, but 
opposition among some Democrats led many to believe that we would have 
to settle for just one or two of the agreements. Today, we have all 
three pending agreements before us. Approving them will resuscitate the 
U.S. trade agenda, create U.S. jobs, and help get our economy moving 
again.
  The U.S. International Trade Commission has estimated that the three 
agreements will increase U.S. exports by at least $13 billion. By the 
President's own estimation, that could generate 250,000 new jobs. The 
ITC has also determined that these agreements will increase U.S. gross 
domestic product by at least $10 billion, a stimulus that doesn't cost 
a single dime in government spending.
  This agreement disproportionately benefits the U.S. because it 
rectifies the current imbalance in U.S.-Colombian trade. Last year, 
Colombian exporters paid virtually no tariffs when they shipped goods 
here, but our exporters paid an average of over 11 percent. The 
agreement removes that imbalance by eliminating Colombian duties. The 
need is urgent: Our exporters have paid nearly $4 billion in 
unnecessary duties since this agreement was signed.
  We know from experience that these agreements will yield benefits. 
Between 2000 and 2010, total U.S. exports increased by just over 60 
percent, but our exports to countries with which we have trade 
agreements increased by over 90 percent. Our exports to Peru, for 
example, more than doubled since passage of the U.S.-Peru trade 
agreement, from $2.7 billion in 2006 to $6.1 billion in 2010. That's 
$2.4 billion more than the ITC had forecast.
  In the face of this major economic opportunity, delay has been 
costly. Major economies whose workers and exporters compete directly 
with ours have moved aggressively to sign and implement trade 
agreements with Colombia, undermining our competitive edge. Our workers 
and job-creating exporters are falling behind, losing export market 
share that took years to build. For example, the U.S. share of 
Colombia's corn, wheat, and soybean imports fell from 71 percent in 
2008 to 27 percent in 2010 after Argentina's exporters gained 
preferential access to the Colombian market. And after Canada's trade 
agreement with Colombia went into effect on August 15, Colombia's 
largest wheat importer dropped U.S. suppliers in favor of Canadian 
wheat. Adding insult to injury, Canada signed its trade agreement with 
Colombia 2 years after we signed our agreement with Colombia.
  In short, we owe it to U.S. workers and exporters to approve this 
agreement now and to press the President for prompt implementation.

                              {time}  2030

  It's not only considerable economic benefits that are at stake. The 
delay in implementing these agreements has left strong allies out in 
the cold. Colombia, for example, currently sits with the United States 
on the U.N. Security Council and chairs its Iran sanctions committee.
  Colombian troops have served alongside U.S. troops at war, and 
Colombia has been training militaries and police around the world in 
counter-narcotics and counter-insurgency. As five former commanders of 
U.S. Southern Command have said: ``This agreement will meet our duty to 
stand shoulder-to-shoulder with Colombians as they have stood by the 
United States as friends and allies.''
  I urge my colleagues to join me in approving this important 
agreement, and I reserve the balance of my time.
  Mr. LEVIN. I am now privileged to yield 2\1/2\ minutes to the 
gentleman from New Jersey (Mr. Pascrell), a very distinguished member 
of our committee.
  Mr. PASCRELL. Madam Speaker, I want to challenge just about 
everything that my very good friend Mr. Camp laid before this House.
  First, let's talk about the numbers. The updated report that Mr. Camp 
referred to in terms of the number of jobs

[[Page 15177]]

that would be created by this Colombian deal contains a very specific 
disclaimer that it is not an official estimate.
  Additionally, both--any reports estimate that the overall trade 
deficit will increase. An increasing trade deficit cannot lead to job 
creation. It's never happened. It will not happen.
  And you throw numbers in front of people and you know what? You 
better know what you're talking about. In fact, given the projected 
changes, the growth of the United States trade deficit with Colombia 
will displace 83,000 jobs in the United States of America by 2015, for 
a net loss of an additional 55,000 jobs. Those are the numbers. I 
didn't make them up.
  So when you think that anytime you're going to parade a trade deal in 
front of us--and I voted for Peru because I thought it was a great step 
forward--and think that we're just going to have to believe, anybody's 
going to have to believe on either side of the aisle that what you're 
saying is really what the truth is, you're done, you're over. The 
American people don't accept it. Four to one they don't accept these 
trade deals that have diminished us.
  But the worst part of the Colombia deal is this: since the new 
President, Mr. Santos, we've had 38 union people killed, family men, 
teachers, lawyers, shot in the back of the head, wired up on a tree. 
And one indictment.
  You want to bring the Colombian trade deal here--here we go--and make 
us believe that you're not only going to create jobs, but that these 
victims are going to be no more. Well, you had an opportunity.
  Here's the numbers, Madam Speaker. Here are the numbers, very clear, 
very succinct. From 2007 to 2010, 51 murders last year, no convictions. 
Of the 94 percent of the cases, 130 human rights defenders were 
detained in 2010.
  This is an aberration, this is wrong, and the American people aren't 
going to take it anymore.
  Mr. CAMP. Madam Speaker, I yield 3 minutes to my distinguished 
colleague on the Ways and Means Committee, the chairman of the Trade 
Subcommittee, the gentleman from Texas (Mr. Brady).
  Mr. BRADY of Texas. Thank you, Chairman Camp, for your leadership on 
trade and, really, your critical role of working across the aisle and 
with this administration to finally bring this free trade agreement and 
others to the floor.
  The world's changed. It's not enough to simply sell American or to 
buy American anymore. We have to sell American. We have to go out in 
every corner of this world and sell American products and services and 
agricultural products. But when we do, we find too much of the world 
was tilted against us. Too many countries have an America need not 
apply sign. But these trade agreements change that. They tear that sign 
down; and with our best trading allies, they level the playing field 
and create two-way trade, where it's not just sales into America, we 
get the chance to sell our products and compete for new customers in 
their country, and that's critical because so much of the world's 
consumers live outside of America.
  This Colombia agreement is critical because, one, Colombia is such a 
critical ally of ours. As a country, they've made remarkable progress 
on human rights, labor rights, democracy and rule of law. They fought 
terrorism to a halt. They've created a much safer country than a decade 
ago. And, in fact, if they were a company, we would call them the turn-
around of the decade.
  Colombia is a trusted ally. More important, they're a dynamic economy 
that wants to trade first with the United States, and that's what this 
agreement does. It opens the door for over $1 billion of new sales from 
America into Colombia. It increases our economy by $2.5 billion. It 
creates new standards that allow, not just our agricultural community, 
not just our manufacturing community to sell two-way, but creates the 
standard so that our financial and telecommunications and energy 
management and accounting, and a whole list of other services, can sell 
on a standard equal to equal, plug in together so that we can both 
compete and buy and sell as equal trading partners.
  It's critical, too, that we not allow America to fall farther behind. 
It has been, as Chairman Camp said, nearly 5 years since this agreement 
has been signed. President Bush signed, I think, a very strong 
agreement. President Obama, to his credit, continued to work with both 
sides of the aisle, I think, to put on some preconditions that have 
been very important to our Democrat Members and to labor.
  This agreement has strong bipartisan support, has strong economic 
support, and is critical for a national security ally like Colombia 
that we wait no longer; that Congress stand up, Republicans and 
Democrats together, to pass a bipartisan jobs bill that creates two-way 
trade, creates real jobs, and strengthens our security relationship 
with a remarkable ally in our hemisphere.
  I strongly support this agreement, and I urge its passage.
  Madam Speaker, I am very pleased that we have finally reached this 
important moment. Next month we will mark five years since the United 
States and Colombia signed the United States-Colombia Trade Promotion 
Agreement. U.S. workers and job-creating exporters have had to wait for 
far too long for the President to submit this promising agreement to 
Congress, but it has now reached the floor--and I look forward to a 
bipartisan vote to approve the agreement.
  This agreement, like our other trade agreements, will create well-
paid American jobs without any government spending. I like to call our 
trade agreements ``Sell American'' agreements because they lower other 
countries' barriers to American goods and services. More U.S. exports 
translate into more U.S. jobs. With over 90 percent of consumers living 
outside our borders, we must look to other markets in order to sell 
more of our goods and services.
  The U.S. International Trade Commission estimates that the Colombia 
trade agreement alone will increase U.S. goods exports by $1.1 billion 
and expand U.S. gross domestic product by $2.5 billion. This agreement 
is all upside for us. Last year, Colombian exporters to the United 
States paid an average tariff of less than one percent because, under 
the Andean Trade Preference Act, most Colombian goods entered duty-
free. In contrast, U.S. exporters to Colombia paid an average tariff of 
over eleven percent last year--and now this agreement will eliminate 
Colombian tariffs on most U.S. exports.
  As co-chairman of the Congressional Services Caucus, I should also 
note that this trade agreement with Colombia will reduce non-tariff and 
regulatory barriers and provide expanded market access and increased 
protections for U.S. services exporters. For example, Colombia 
estimates that its public infrastructure spending will exceed $55 
billion this decade--and our world-class construction, energy, 
engineering, and other services firms will now have a leg-up in 
pursuing that work, which will generate substantial economic growth and 
jobs back home.
  The United States has been sitting on the sidelines for far too long. 
Now we finally have the opportunity to get back in the game, so I ask 
my colleagues to join me in voting to approve the United States-
Colombia Trade Promotion Agreement, as well as our other two pending 
agreements.
  Mr. LEVIN. It is now my pleasure to yield 1 minute to the 
distinguished Representative from Ohio (Ms. Kaptur).
  Ms. KAPTUR. I thank my dear friend Mr. Levin for yielding.
  It's time for America to negotiate fair trade agreements that create 
jobs in America and are based on a rule of law, respect for life and 
liberty before profits for the few.
  I rise in opposition to this Colombia deal. It's just another NAFTA-
like trade accord that too often are job-killers, people-killers and 
democracy-killers. This administration promised an agreement with 
Colombia would not be moved forward until the violence and targeted 
killings of union leaders and religious leaders stopped.
  This is a picture of Father Jose Restrepo, who was found murdered 
along a roadside in rural Colombia, gunned down as he traveled through 
the countryside. The week before his murder, Father Restrepo had 
traveled to Bogota, the capital city there, to raise concerns of his 
community about the impact of a giant open pit gold mine. Father is one 
of six Catholic priests killed this year alone in Colombia, in addition 
to 22 union leaders that

[[Page 15178]]

have been killed there just since January.
  What kind of a deal is this with a nation that has had dozens and 
dozens and dozens since 2010, 51 people murdered for their trade union 
activities in Colombia alone?
  What is wrong with our country that we cannot stand up for democracy, 
for human rights, and for job creation in this country?
  Mr. CAMP. Madam Speaker, how much time is remaining?
  The SPEAKER pro tempore. The gentleman from Michigan (Mr. Camp) has 
38 minutes, and the gentleman from Michigan (Mr. Levin) has 37\1/2\ 
minutes remaining.
  Mr. CAMP. At this time I yield 2 minutes to the gentleman from 
California (Mr. Herger), a distinguished member of the Ways and Means 
Committee.

                              {time}  2040

  Mr. HERGER. Madam Speaker, the trade agreements before us represent a 
major opportunity for American small businesses and workers. By 
leveling the playing field for U.S. goods and services entering 
Colombia, Panama, and South Korea, these agreements will provide a 
significant boost to our economy and create an estimated 250,000 new 
jobs. They are commonsense, win-win agreements for the American people. 
Here's why. Removing tariffs and other barriers to U.S. exports means 
that our U.S. products become more competitive in foreign markets, 
which in turn generates more sales and more business for our farmers, 
ranchers, manufacturers, and service providers.
  Passing these agreements will mean more jobs, more economic growth, 
and more opportunities both on and off the farm for the men and women 
in my northern California congressional district and the rest of our 
Nation. Perhaps best of all, these trade agreements will provide real, 
permanent economic stimulus at no cost to the American taxpayers. They 
represent fundamentally sound economics--getting government-imposed 
barriers out of the way and letting American business and workers do 
what they do best.
  As the former ranking Republican on the Ways and Means Subcommittee 
on Trade, I have joined many others in urging support for these 
agreements. While I believe this week should have come a lot sooner, 
these are real job bills, and I urge my colleagues to support all 
three.
  Mr. LEVIN. I yield 1 minute to the gentleman from New Jersey (Mr. 
Pallone).
  Mr. PALLONE. Madam Speaker, I rise in opposition to the three free 
trade pacts up for consideration this week. It's essential that we work 
to keep jobs here in the United States, and I believe the trade 
agreements with South Korea, Colombia, and Panama will cost U.S. jobs. 
We should be doing everything we can to create jobs and advance 
economic opportunity here at home.
  These trade pacts are modeled on the NAFTA agreement, and the results 
will be the same. In the last decade alone, we've lost 55,000 
manufacturing plants and 6 million jobs with NAFTA in place. We don't 
want to repeat the ill effects of NAFTA. The essential issue at hand, 
Madam Speaker, is that trade deals between a large economy and a 
smaller economy naturally benefit the smaller economy, in this case 
South Korea, Colombia, and Panama. The economies of these countries are 
a fraction of the size of the U.S. economy, and they will stand to 
benefit greatly by exporting their goods here while, I fear, U.S. 
exports will not have the same advantage.
  Madam Speaker, we should be focusing on passing the American Jobs 
Act, which provides incentives to businesses to hire new workers in the 
United States, and not passing free trade pacts that will further 
encourage U.S. companies to move jobs overseas.
  Mr. CAMP. Madam Speaker, I yield 1 minute to a distinguished member 
of the Ways and Means Committee, the gentleman from Louisiana, Dr. 
Boustany.
  Mr. BOUSTANY. Madam Speaker, Colombia is a key ally of the United 
States and the third-largest export market in Latin America for U.S. 
goods and services, and that's despite having tariff barriers in place.
  This agreement was negotiated in good faith years ago. Basically, 
American credibility is on the line--our credibility as to whether or 
not we will follow through with our commitments. After years of delay, 
U.S. businesses, farmers, and ranchers have been losing market share 
because of the inability to move forward on this agreement. In 2008, 
U.S. agricultural producers had 71 percent of that market. By 2010, we 
were down to 27 percent, and we're still dropping. And that's because 
other countries who have fulfilled agreements with Colombia, after we 
have already negotiated this, have gained that market share. They have 
picked up the market share we have lost.
  Passing this agreement is a very important step in reversing this 
onerous trend for our farmers, our ranchers, and our businesses in this 
country. Colombia is currently the tenth-largest export market in my 
home State of Louisiana, and it stands to grow as a result.
  Pass this agreement.
  Mr. LEVIN. I yield 1 minute to the gentlelady from California (Ms. 
Woolsey).
  Ms. WOOLSEY. Madam Speaker, today with unemployment in the United 
States at over 9 percent and the middle class under siege, we're 
considering a Colombian trade bill that would cost, according to the 
Economic Policy Institute, 55,000 jobs. That makes absolutely no sense.
  It's bad enough to ship U.S. jobs overseas, but particularly to a 
country that leads the world in deadly violence against union members. 
In Colombia, to band together in solidarity with your fellow workers is 
to take your life into your own hands. Twenty-three trade unionists 
have been murdered so far this year, including one teacher--a teacher--
who was hanged with barbed wire. Last year, 51 such murders. As the 
AFL-CIO put it, ``if 51 CEOs had been murdered in Colombia, this deal 
would be on a very slow track indeed.''
  Let's reject these trade agreements, and let's put America back to 
work with a big, bold jobs plan for the American people.
  Mr. CAMP. Madam Speaker, I yield 1 minute to the distinguished 
gentleman from Pennsylvania (Mr. Gerlach), a member of the Ways and 
Means Committee.
  Mr. GERLACH. I thank the gentleman.
  Madam Speaker, I rise this evening in support of the Colombia free 
trade agreement, and, indeed, all three free trade agreements, the most 
significant trade package for our country in more than a decade. These 
trade pacts with Colombia, South Korea, and Panama are significant. 
They will unlock new opportunities and markets for Pennsylvania 
companies to sell their products overseas, and that means more jobs.
  By leveling the playing field and eliminating burdensome tariffs, 
these agreements will improve our ability to sell American-made 
products overseas. Specifically, in Pennsylvania, these agreements will 
be a boon for the Commonwealth's farmers and provide new opportunities 
in other key export sectors of Pennsylvania, including primary metal 
producers. Tariffs on more than 90 percent of primary metals, such as 
steel, titanium, aluminum, and zinc will be eliminated immediately.
  Once the free trade agreement with South Korea is fully implemented, 
more than 70 percent of all Pennsylvania exports will be duty-free. And 
similar trade opportunities exist in the Colombia and Panama free trade 
agreements as well.
  As we continue to lose market share in these regions, Pennsylvanians, 
and indeed all Americans, simply cannot afford another delay in these 
agreements. Pass them now.
  Mr. LEVIN. I yield 1\1/2\ minutes to a very active Member on these 
issues, the gentleman from Massachusetts (Mr. McGovern).
  Mr. McGOVERN. Madam Speaker, the Colombia FTA is bad for American 
workers, bad for jobs, and bad for Colombian workers, small farmers, 
and human rights defenders. Colombia is still a country in conflict 
that affects thousands every year. We know Colombia is the deadliest 
place in the world

[[Page 15179]]

to be a trade unionist, but it also suffers from over 4 million 
internally displaced, second only to Sudan. Over 1 million Colombians 
are refugees in neighboring countries. They are fleeing terrifying, 
crippling violence from paramilitaries, guerrillas, and even Colombia's 
own army. And after these people leave, drug traffickers, criminals, 
and wealthy interests come in and they take over.
  This FTA will only increase that vicious cycle. Nearly every study 
done asserts that the FTA will push even more small farmers off their 
land. They will either be forced to join the ranks of the displaced, 
grow coca or join the guerrillas or paramilitaries just to feed their 
families. They won't be buying American goods, Madam Speaker.
  And when Colombian workers have no rights, then there's no level 
playing field for American workers, and that costs jobs. This FTA is 
set up to help the rich get richer and the poor get poorer. It's the 
last thing Colombia's workers, farmers, and human rights defenders 
need.
  Finally, Madam Speaker, let me ask my colleagues in this Chamber, do 
human rights matter anymore? If so, we should not be debating this FTA 
today. We should be waiting until we see real, honest-to-goodness 
results on the ground in terms of improvements of human rights. When it 
comes to human rights, Madam Speaker, the United States of America 
should not be a cheap date. We should stand firm, and we should be 
unabashed in our support for human rights.
  Madam Speaker, that is why I urge all my colleagues to vote ``no'' on 
this FTA agreement.

             [From Pittsburgh Post-Gazette, Oct. 10, 2011]

 Free Trade: The Big Lie--We Should Stop Making Trade Agreements That 
                              Hurt Workers

                          (By Daniel Kovalik)

       On March 10, 2010, former President Bill Clinton made this 
     stunning confession to the Senate Foreign Relations Committee 
     regarding his free trade policies in Haiti:
       ``It may have been good for some of my farmers in Arkansas, 
     but it has not worked. It was a mistake. I had to live every 
     day with the consequences of the loss of capacity to produce 
     a rice crop in Haiti to feed those people because of what I 
     did; nobody else.''
       Even more surprisingly, Mr. Clinton, one of the founding 
     fathers of the modern free trade agreement, admitted that 
     this type of trade policy ``failed everywhere it's been 
     tried. . . .'' Truer words have never been spoken. And yet, 
     even in the face of such a confession, and in the face of 
     incontrovertible facts, the U.S. Congress is poised to pass 
     not just one, but three new free trade agreements--with 
     Colombia, South Korea and Panama--of the very type that Mr. 
     Clinton now loses sleep over.
       So, what are the facts?
       Let's start with the mother of all free trade agreements--
     the North American Free Trade Agreement--the one which Mr. 
     Clinton had promised would create jobs in the United States 
     but which presidential candidates Hillary Clinton and Barack 
     Obama ran from in 2008, claiming that it needed fixing. And 
     fixing it surely needs. According to the Economic Policy 
     Institute, nearly 900,000 (mostly high-paying) U.S. jobs were 
     lost to NAFTA between 1993 and 2002 alone.
       Meanwhile, Mexico has fared even worse. Indeed, the same 
     devastation Mr. Clinton's policies wrought in Haiti have been 
     experienced in Mexico. Thus, the agricultural provisions of 
     NAFTA--almost identical to those contained in the Colombia 
     Free Trade Agreement now being considered--cost the 
     livelihood and land of 1.3 million small farmers in Mexico.
       Where did these small farmers go? Many are being forced to 
     emigrate to the United States. Indeed, while small farmers 
     make up a relatively small percentage of the Mexican 
     population, they make up around 40 percent of Mexicans 
     immigrating into the United States. Still others have been 
     pushed into the illicit drug trade--the very drug trade the 
     United States purports to fight there.
       Meanwhile, the good industrial jobs lost in the United 
     States under NAFTA never translated into good jobs in Mexico. 
     Rather, NAFTA created low-paying, dangerous and 
     environmentally damaging industries on the other side of the 
     border which have devastated Mexican workers and their 
     communities. One only need look at Juarez, Mexico--the city 
     that was to be a model of development under NAFTA and which 
     instead is experiencing violence at wartime levels, with 
     4,300 civilians murdered in the last two years out of a 
     population of 2 million.
       Again, it was NAFTA and the ``free trade'' principles it 
     embodied which have done this, which have transformed Mexico 
     into the near failed state it is today.
       This now brings us to the Colombia FTA--the one I know most 
     about and which represents the biggest concern for labor and 
     human rights advocates.
       When running for office, President Obama took a principled 
     stance against the Colombia FTA, echoing the concerns of 
     labor that we shouldn't enter into a free trade agreement 
     with Colombia in light of its abysmal labor and human rights 
     situation. As Mr. Obama explained, ``We have to stand for 
     human rights and we have to make sure that violence isn't 
     being perpetrated against workers who are just trying to 
     organize for their rights.''
       The rationale behind this stance continues to this day, 
     with 51 unionists killed in Colombia in 2010 and 23 killed so 
     far this year, allowing Colombia to retain its dubious 
     distinction as the most dangerous country in the world in 
     which to be a trade unionist. In addition to unionists, human 
     rights defenders, indigenous and Afro-Colombian leaders, and 
     Catholic priests defending the poor are also targeted in 
     Colombia. This year alone, six Catholic priests have been 
     murdered in Colombia.
       Meanwhile, according to Colombia's own prosecutor general, 
     right-wing paramilitaries aligned with the Colombian state 
     have murdered more than 170,000 civilians over the past 15 
     years. Of these, around 50,000 have ``disappeared.'' Yet this 
     is a country to which the United States may give special 
     trade preferences.
       The Colombia FTA, while costing the United States an 
     estimated 55,000 net jobs, according to the Economic Policy 
     Institute, would wreak further havoc in Colombia. The 
     agricultural policies that devastated Haiti and Mexico--those 
     allowing the United States to dump cheap, subsidized food 
     into those countries--would be applied to Colombia. This 
     would lead to the impoverishment and dislocation of hundreds 
     of thousands of small farmers in Colombia, many of whom would 
     join the ranks of the 5 million internally displaced persons 
     in Colombia--the largest internally displaced population in 
     the world.
       In short, free trade has never worked as promised and it 
     will not work now. But sadly, like the false prophets of a 
     bad religion, those holding the reins of power in the United 
     States continue to push ``free trade'' policies despite all 
     the evidence that they have failed. These false prophets 
     exhort us to believe in the magical force of the ``invisible 
     hand'' of the ``free market'' to save us, all the while 
     giving real and visible aid to corporations and Wall Street 
     banks even as they tell working people to keep tightening 
     their belts. It is time that these lies and these bad 
     economic and trade policies be rejected.

                              {time}  2050

  Mr. CAMP. Madam Speaker, I yield 1 minute to a distinguished member 
of the Ways and Means Committee, the gentleman from Nebraska (Mr. 
Smith).
  Mr. SMITH of Nebraska. I stand in strong support of this trade 
agreement that will open up U.S. production to over 40 million 
consumers close to our shores.
  While the national economic and strategic impact of the Colombia 
agreement is very important, obviously the increased marketing 
opportunity for Nebraska is tremendous as well. Specifically for 
agriculture, the agreement with Colombia will lead to gains for 
Nebraska's major commodities, such as soybeans and wheat.
  Currently, all U.S. ag exports to Colombia face tariffs. Upon 
implementation of the agreement, three-quarters of Colombia's tariff 
lines will become duty free for U.S. exports. Specifically, Colombia 
places an 80 percent tariff on U.S. beef imports today, making it one 
of the highest tariffs on U.S. beef in the world. This agreement 
changes that.
  Colombia has also lifted unscientific restrictions. Colombia will 
recognize the equivalence of the U.S. food safety system for meat, 
poultry, and processed foods--a significant victory for U.S. livestock 
producers. I want to make sure Nebraska products and producers make the 
most of the opportunities provided by international sales to increased 
exports.
  Mr. LEVIN. I yield 1 minute to the gentlelady from California (Ms. 
Lee).
  Ms. LEE of California. Madam Speaker, I rise in opposition to the 
Colombia free trade agreement.
  I support trade that is fair: trade that protects labor rights, trade 
that protects the environment, and trade that creates American jobs. 
Unfortunately, these trade agreements before us this week fail at all 
three. Labor leaders continue to be murdered in Colombia simply for 
standing up for basic rights, and the Colombian Government has failed 
to act.
  How in the world can those who support these deals turn a blind eye 
to the

[[Page 15180]]

thousands of Colombians killed by right-wing death squads? Are we 
really rewarding these death squads with this agreement?
  Also, free trade agreements are supposed to open up foreign markets 
and create more good-paying American jobs. Instead, these agreements 
will only increase our trade deficits and cost over 190,000 American 
jobs. We cannot create American jobs by doing more of the same. We have 
to put American workers first and stop shipping jobs overseas.
  In addition to being fair, these trade agreements must be free; and 
until they are, I cannot support the Colombia free trade agreement.
  Mr. CAMP. Madam Speaker, I yield 1 minute to the distinguished chair 
of the Foreign Relations Committee, the gentlewoman from Florida (Ms. 
Ros-Lehtinen).
  Ms. ROS-LEHTINEN. I thank my good friend, the chairman of the 
committee, for yielding.
  I am just astounded, but I am very pleased to hear my good friends 
from the other side speak so eloquently about support for human rights 
and support for labor leaders and workers' rights. Yet some of these 
folks are the very same ones who want to lift those sanctions against 
Communist, totalitarian Cuba, where labor unions are outlawed, where 
workers have no rights, and where human rights are not respected at 
all. I don't think the Castro brothers can even spell ``human rights'' 
in either language.
  But on to the point of human rights and free trade and dignity for 
workers in Colombia, I am so pleased that, finally, we are going to 
pass this agreement.
  In south Florida, Colombia is already south Florida's second largest 
trading partner. Our two largest economic engines are the Port of Miami 
and the Miami International Airport, both of which will benefit 
tremendously from the increase in trade with a free, democratic 
Colombia.
  So I welcome this, and I hope that this newfound love for human 
rights and trade and labor unions will extend to my native homeland of 
Cuba one day.
  Madam Speaker, I rise in strong support of the U.S.-Colombia Free 
Trade Agreement.
  After having waited for years since this agreement was first signed 
the time has finally come for Congress to vote to approve it.
  This agreement is, good for Colombia but is even better for the 
United States.
  According to the International Trade Commission, the U.S.-Colombia 
Free Trade Agreement will expand exports of U.S. goods by more than $1 
billion dollars every year which will allow businesses to create 
thousands of new jobs for those Americans who are struggling to find 
one.
  In South Florida, Colombia is already our second largest trading 
partner.
  Our two largest economic engines are the Port of Miami and Miami 
International Airport, both of which will benefit tremendously from the 
increase in trade with Colombia.
  In 2010, Colombia was the 10th largest trading partner with the Port 
of Miami, with bilateral trade worth $6.8 billion.
  And 96 percent of the flowers that are sent to the U.S. from Colombia 
come through Miami International Airport, which helps support tens of 
thousands of jobs related to the airport and several aviation 
industries.
  These figures will grow rapidly once this agreement has been 
approved.
  But there is more at stake here than increased trade.
  Colombia has been a strong democracy and a steadfast ally in a region 
where U.S. interests are under assault.
  We have jointly battled narco-terrorists, leftist guerrillas, and the 
aggressive actions of Venezuelan strongman Hugo Chavez.
  This agreement will strengthen that vital partnership between our two 
nations and demonstrate to our friends and enemies alike that the U.S. 
intends to remain a strong presence in the region.
  Madam Speaker, it is time to put American interests first instead of 
the partisan political considerations that have delayed this agreement 
for years.
  I strongly encourage my colleagues to vote yes on the U.S.-Colombia 
Free Trade Agreement and allow our businesses to finally begin creating 
the jobs that so many Americans are searching for.
  Mr. LEVIN. It is now my pleasure to yield 1 minute to the very 
distinguished gentleman from Massachusetts (Mr. Lynch).
  Mr. LYNCH. I thank the gentleman from Michigan for yielding.
  The only thing I have agreed with so far in tonight's debate from the 
other side is that America's credibility is on the line. I really do 
believe that. We've had 2,697 trade unionists killed over the past two 
decades in Colombia, and 94 percent of these murders go unprosecuted.
  I was an ironworker at the General Motors plant when we signed NAFTA. 
Mexico, of course, was 4 percent of the U.S. economy, and not long 
after that they closed the plant that I was working at and moved it 
over the border to Mexico. Colombia is 3 percent of the U.S. economy, 
not even 3 percent. This is all about shifting American jobs down to 
Colombia. That's what this is all about. Give me a break. The reason we 
have 9 percent unemployment in this country is that we keep shipping 
jobs overseas. When you find yourself in a ditch, it's time to stop 
digging, okay? This is a bad deal. We should be ashamed of ourselves.
  Mr. CAMP. I yield 1 minute to the distinguished gentleman from 
Illinois (Mr. Manzullo).
  Mr. MANZULLO. Madam Speaker, I rise in support of all three market-
opening agreements.
  Over the past 3 years, the United States posted a surplus of over $70 
billion in manufactured goods with our free trade agreement partners. 
These three free trade agreements that we're discussing have the 
potential to generate more exports to create or sustain 250,000 jobs.
  Last year, the Brookings Institute released a study that the 
Rockford, Illinois, metropolitan area, with a population of 350,000, 
exported a whopping $3.3 billion in 2008, making Rockford the most 
export-intensive city in all of Illinois. Over 16,000 jobs in the 
Rockford area are directly related to these exports.
  With the passage of these three free trade agreements, we can have 
even more exports coming from northern Illinois to the rest of the 
world.
  Mr. LEVIN. This is a somewhat unusual structure here. Each of us is 
going to take 15 minutes of our total allotment. I want to talk to Mr. 
Camp.
  I think we have used all but 2 of our minutes. I want to use those 2 
minutes to close the 15 minutes, but I'm not quite sure where you are 
on your 15 minutes.
  Mr. CAMP. I have two more speakers at 1 minute each; so my plan is to 
have those be the conclusion of my time.
  Mr. LEVIN. So why don't you call on one. Then I'll take mine, and 
then you'll have one more person.
  The SPEAKER pro tempore. The gentleman from Michigan (Mr. Camp) has 
31 minutes remaining.
  Mr. CAMP. Madam Speaker, I yield 1 minute to the distinguished 
gentleman from Florida (Mr. Rivera).
  Mr. RIVERA. The Colombia free trade agreement represents a critical 
juncture in our trade relations. It does so because it's about economic 
security, but it's also about national security.
  It's about economic security because the Colombia free trade 
agreement means jobs--thousands of jobs for America. In my community 
and for our national economy in particular, international commerce is 
important to creating those jobs. It's also about national security 
because the Colombia free trade agreement will send a message to our 
allies, and just as importantly, it will send a message to our enemies. 
All of Latin America and, indeed, the world will be watching to see if 
we are going to stand up with our allies--those who are fighting for 
democracy and who are fighting against narcoterror.
  Vote ``yes'' on this trade agreement, and stand up for our best ally 
in Latin America, Colombia. Vote ``yes'' on this agreement, and stand 
up for jobs in America.
  Madam Speaker, we have come to a crucial point in the free trade 
debate.
  The world is watching.
  Our best friends and allies in Latin America are watching.
  Madam Speaker, our enemies are watching.
  The choice that is presented to us with these trade agreements could 
not be any clearer. Are we going to stand with our allies?

[[Page 15181]]

Or are we going to continue turning our back to them? The choice is an 
easy one to make, and the stakes could not be any higher.
  Madam Speaker, just as American ingenuity has made our nation the 
model for developed economies for decades, in an ever more globalized 
economy, free trade is integral to promoting economic growth, to 
creating American jobs, and to raising the standard of living in the 
United States and abroad. At the same time, Colombia is our best and 
strongest ally in Latin America and the oldest functioning democracy in 
the region. The Colombian people have a passion to be free and full 
partners in the global economy and have shown great enthusiasm about 
trading with the United States. As someone who represents the largest 
Colombian-American community in the country, I know this first hand.
  I have seen what the Colombian people have been through over the past 
two decades and the improvements that have been made in that country.
  Madam Speaker, Colombia has become a model for success in the region.
  Colombia is a nation that looks to the United States as its role 
model and has worked to emulate us in its own legislative, judicial, 
and social structures. What's more, today Colombia is a nation of 
people determined to crush the drug trade and break free from the bonds 
of their difficult past to reclaim their homeland. American aid to 
Colombia has made it possible for Colombia to upgrade its social 
infrastructure and improve its schools, health care, and labor laws. 
There is no more important task before us right now that will help the 
Colombian people achieve further advancement, than to quickly pass the 
Colombia Free Trade Agreement.
  So, Madam Speaker, what does passage of these free trade agreements 
show to the world?
  It shows that we will stand by our allies.
  It shows what the United States values. It shows that we value human 
rights. It shows that we value democracy. It shows that we value 
liberty.
  Colombia has achieved, and continues to achieve, all of those things. 
Colombia's democracy has withstood terrorism. It has withstood civil 
war. And Colombia is a pillar of freedom in the region. The more trade 
and economic benefits the Colombian people receive, the less difficult 
it becomes for the Colombian government to destroy terrorism and put an 
end to the illicit drug trade in their country.
  Madam Speaker, the bottom line is that trade, and this agreement, 
will create opportunity in Colombia as well as in the United States. 
This agreement will mean better, high quality jobs for Colombian 
citizens. It will mean better, high quality jobs for our own citizens; 
a much-needed boost in this struggling economy.
  Madam Speaker, let's send a message to our enemies. Let's send a 
message to our best friends and allies in Latin America. Let's send a 
message to the world.
  Let's send the message that America rewards its allies. Let's send 
the message that America wants to do business with another country that 
values freedom and democracy. And let's send a message that America 
will not let political gamesmanship continue to get in the way of 
improving our nation's economy.
  In the 112th Congress, both Democrats and Republicans are united and 
ready to approve the Colombia Free Trade Agreement.
  Madam Speaker, it's time to pass the Colombia Free Trade Agreement.

                              {time}  2100

  Mr. LEVIN. I yield myself 2 minutes.
  We have three FTAs before us. Each one of those should be taken on 
their own. And let me express my strong views about the Colombia FTA 
based on my three trips there. Trade is about more than tariffs or the 
flow of goods. As important as they are, it's about people. And where 
workers have no rights, increased trade with another country can work 
against us and can work against the other country. Colombia, in that 
regard, has presented a special case. A violation of basic rights has 
gone on for decades, and not only those violations of laws but 
violation of persons, violence, and death.
  The Santos administration came to power and said it wanted to do it 
differently. Our two governments sat down and worked on an agreement on 
worker rights. It was a step forward, but there is a serious set of 
problems. First of all, the implementation of that in important 
instances has been spotty, especially as to the vehement misuse of 
cooperatives in Colombia and so-called collective PACs. And, secondly, 
there was an absolute resistance, refusal on the part of the Republican 
majority to have any reference in the action plan to the implementation 
bill. That is a serious, serious flaw. For that reason, I am very much 
opposed to this agreement.
  The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further 
consideration of H.R. 3078 is postponed.

                          ____________________