[Congressional Record (Bound Edition), Volume 161 (2015), Part 6]
[Senate]
[Pages 7834-7837]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1438. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 1221 proposed by Mr. Hatch to the bill H.R. 
1314, to amend the Internal Revenue Code of 1986 to provide for a right 
to an administrative appeal relating to adverse determinations of tax-
exempt status of certain organizations; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

                 TITLE III--TRADE PREFERENCES FOR NEPAL

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Nepal Trade Preferences 
     Act''.

     SEC. 302. SENSE OF CONGRESS.

       It is the sense of Congress that it should be an objective 
     of the United States to use trade policies and trade 
     agreements to contribute to the reduction of poverty and the 
     elimination of hunger.

     SEC. 303. ELIGIBILITY REQUIREMENTS.

       (a) In General.--The President may authorize the provision 
     of preferential treatment under this title to articles that 
     are imported directly from Nepal into the customs territory 
     of the United States pursuant to section 304 if the President 
     determines--
       (1) that Nepal meets the requirements set forth in 
     paragraphs (1), (2), and (3) of section 104(a) of the African 
     Growth and Opportunity Act (19 U.S.C. 3703(a)); and
       (2) after taking into account the factors set forth in 
     paragraphs (1) through (7) of subsection (c) of section 502 
     of the Trade Act of 1974 (19 U.S.C. 2462), that Nepal meets 
     the eligibility requirements of such section 502.
       (b) Withdrawal, Suspension, or Limitation of Preferential 
     Treatment; Mandatory Graduation.--The provisions of 
     subsections (d) and (e) of section 502 of the Trade Act of 
     1974 (19 U.S.C. 2462) shall apply with respect to Nepal to 
     the same extent and in the same manner as such provisions 
     apply with respect to beneficiary developing countries under 
     title V of that Act (19 U.S.C. 2461 et seq.).

     SEC. 304. ELIGIBLE ARTICLES.

       (a) In General.--An article described in subsection (b) may 
     enter the customs territory of the United States free of 
     duty.
       (b) Articles Described.--
       (1) In general.--An article is described in this subsection 
     if--
       (A)(i) the article is the growth, product, or manufacture 
     of Nepal; and
       (ii) in the case of a textile or apparel article, Nepal is 
     the country of origin of the article, as determined under 
     section 102.21 of title 19, Code of Federal Regulations (as 
     in effect on the day before the date of the enactment of this 
     Act);
       (B) the article is imported directly from Nepal into the 
     customs territory of the United States;
       (C) the article is classified under any of the following 
     subheadings of the Harmonized Tariff Schedule of the United 
     States (as in effect on the day before the date of the 
     enactment of this Act):

 
 
 
4202.11.00........................  4202.22.60...........  4202.92.08
4202.12.20........................  4202.22.70...........  4202.92.15
4202.12.40........................  4202.22.80...........  4202.92.20
4202.12.60........................  4202.29.50...........  4202.92.30
4202.12.80........................  4202.29.90...........  4202.92.45
4202.21.60........................  4202.31.60...........  4202.92.60
4202.21.90........................  4202.32.40...........  4202.92.90
4202.22.15........................  4202.32.80...........  4202.99.90
4202.22.40........................  4202.32.95...........  4203.29.50
4202.22.45........................  4202.91.00             .............
                                                           .............
5701.10.90........................  5702.91.30...........  5703.10.80
5702.31.20........................  5702.91.40...........  5703.90.00
5702.49.20........................  5702.92.90...........  5705.00.20
5702.50.40........................  5702.99.15             .............
5702.50.59........................  5703.10.20             .............
                                                           .............
6117.10.60........................  6214.20.00...........  6217.10.85
6117.80.85........................  6214.40.00...........  6301.90.00
6214.10.10........................  6214.90.00...........  6308.00.00
6214.10.20........................  6216.00.80             .............
                                                           .............
6504.00.90........................  6505.00.30...........  6505.00.90
6505.00.08........................  6505.00.40...........  6506.99.30
6505.00.15........................  6505.00.50...........  6506.99.60
6505.00.20........................  6505.00.60             .............
6505.00.25........................  6505.00.80             .............
 

       (D) the President determines, after receiving the advice of 
     the United States International Trade Commission in 
     accordance with section 503(e) of the Trade Act of 1974 (19 
     U.S.C. 2463(e)), that the article is not import-sensitive in 
     the context of imports from Nepal; and
       (E) subject to paragraph (3), the sum of the cost or value 
     of the materials produced in, and the direct costs of 
     processing operations performed in, Nepal or the customs 
     territory of the United States is not less than 35 percent of 
     the appraised value of the article at the time it is entered.
       (2) Exclusions.--An article shall not be treated as the 
     growth, product, or manufacture of Nepal for purposes of 
     paragraph (1)(A)(i) by virtue of having merely undergone--
       (A) simple combining or packaging operations; or

[[Page 7835]]

       (B) mere dilution with water or mere dilution with another 
     substance that does not materially alter the characteristics 
     of the article.
       (3) Limitation on united states cost.--For purposes of 
     paragraph (1)(E), the cost or value of materials produced in, 
     and the direct costs of processing operations performed in, 
     the customs territory of the United States and attributed to 
     the 35-percent requirement under that paragraph may not 
     exceed 15 percent of the appraised value of the article at 
     the time it is entered.
       (c) Verification With Respect to Transshipment for Textile 
     and Apparel Articles.--
       (1) In general.--Not later than April 1, July 1, October 1, 
     and January 1 of each year, the Commissioner responsible for 
     U.S. Customs and Border Protection shall verify that textile 
     and apparel articles imported from Nepal to which 
     preferential treatment is extended under this title are not 
     being unlawfully transshipped into the United States.
       (2) Report to president.--If the Commissioner determines 
     pursuant to paragraph (1) that textile and apparel articles 
     imported from Nepal to which preferential treatment is 
     extended under this title are being unlawfully transshipped 
     into the United States, the Commissioner shall report that 
     determination to the President.

     SEC. 305. TRADE FACILITATION AND CAPACITY BUILDING.

       (a) Findings.--Congress makes the following findings:
       (1) As a land-locked least-developed country, Nepal has 
     severe challenges reaching markets and developing capacity to 
     export goods. As of 2015, exports from Nepal are 
     approximately $800,000,000 per year, with India the major 
     market at $450,000,000 annually. The United States imports 
     about $80,000,000 worth of goods from Nepal, or 10 percent of 
     the total goods exported from Nepal.
       (2) The World Bank has found evidence that the overall 
     export competitiveness of Nepal has been declining since 
     2005. Indices compiled by the World Bank and the Organization 
     for Economic Co-operation and Development found that export 
     costs in Nepal are high with respect to both air cargo and 
     container shipments relative to other low-income countries. 
     Such indices also identify particular weaknesses in Nepal 
     with respect to automation of customs and other trade 
     functions, involvement of local exporters and importers in 
     preparing regulations and trade rules, and export finance.
       (3) Implementation by Nepal of the Agreement on Trade 
     Facilitation of the World Trade Organization could directly 
     address some of the weaknesses described in paragraph (2).
       (b) Establishment of Trade Facilitation and Capacity 
     Building Program.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall, in 
     consultation with the Government of Nepal, establish a trade 
     facilitation and capacity building program for Nepal--
       (1) to enhance the central export promotion agency of Nepal 
     to support successful exporters and to build awareness among 
     potential exporters in Nepal about opportunities abroad and 
     ways to manage trade documentation and regulations in the 
     United States and other countries;
       (2) to provide export finance training for financial 
     institutions in Nepal and the Government of Nepal;
       (3) to assist the Government of Nepal in maintaining 
     publication of all trade regulations, forms for exporters and 
     importers, tax and tariff rates, and other documentation 
     relating to exporting goods on the Internet and developing a 
     robust public-private dialogue, through its National Trade 
     Facilitation Committee, for Nepal to identify timelines for 
     implementation of key reforms and solutions, as provided for 
     under the Agreement on Trade Facilitation of the World Trade 
     Organization; and
       (4) to increase access to guides for importers and 
     exporters on the Internet, including rules and documentation 
     for United States tariff preference programs.

     SEC. 306. REPORTING REQUIREMENT.

       Not later than one year after the date of the enactment of 
     this Act, and annually thereafter, the President shall 
     monitor, review, and report to Congress on the implementation 
     of this title, the compliance of Nepal with section 303(a), 
     and the trade and investment policy of the United States with 
     respect to Nepal.

     SEC. 307. TERMINATION OF PREFERENTIAL TREATMENT.

       No preferential treatment extended under this title shall 
     remain in effect after December 31, 2025.

     SEC. 308. EFFECTIVE DATE.

       The provisions of this title shall take effect on January 
     1, 2016.
                                 ______
                                 
  SA 1439. Mr. DAINES submitted an amendment intended to be proposed to 
amendment SA 1221 proposed by Mr. Hatch to the bill H.R. 1314, to amend 
the Internal Revenue Code of 1986 to provide for a right to an 
administrative appeal relating to adverse determinations of tax-exempt 
status of certain organizations; which was ordered to lie on the table; 
as follows:

       At the end of section 102(b), add the following:
       (21) Protection of indian exports and treaty rights.--
       (A) In general.--The principal negotiating objectives of 
     the United States with respect to the protection of exports 
     and treaty rights of Indian tribes are to ensure that--
       (i) goods of or for the benefit of Indian tribes may be 
     exported through ports in the United States;
       (ii) treaty rights of Indian tribes are protected; and
       (iii) goods of or for the benefit of Indian tribes have the 
     opportunity to compete in the world market.
       (B) Definitions.--In this paragraph:
       (i) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given that term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (ii) Treaty rights of indian tribes.--The term ``treaty 
     rights of Indian tribes'' means rights pursuant to treaties 
     between Indian tribes and the United States that confirm the 
     rights and privileges of each Indian tribe and the United 
     States.
                                 ______
                                 
  SA 1440. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill H.R. 2048, to reform the authorities of the Federal 
Government to require the production of certain business records, 
conduct electronic surveillance, use pen registers and trap and trace 
devices, and use other forms of information gathering for foreign
intelligence, counterterrorism, and criminal purposes, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

       TITLE IX--COMMISSION ON PRIVACY RIGHTS IN THE DIGITAL AGE

     SECTION 901. SHORT TITLE.

       This title may be cited as the ``Commission on Privacy 
     Rights in the Digital Age Act of 2015''.

     SEC. 902. FINDINGS.

       Congress makes the following findings:
       (1) Today, technology that did not exist 30 years ago 
     pervades every aspect of life in the United States.
       (2) Nearly \2/3\ of adults in the United States own a 
     smartphone, and 43 percent of adults in the United States 
     rely solely on their cell phone for telephone use.
       (3) 84 percent of households in the United States own a 
     computer and 73 percent of households in the United States 
     have a computer with an Internet broadband connection.
       (4) Federal policies on privacy protection have not kept 
     pace with the rapid expansion of technology.
       (5) Innovations in technology have led to the exponential 
     expansion of data collection by both the public and private 
     sectors.
       (6) Consumers are often unaware of the collection of their 
     data and how their information can be collected, bought, and 
     sold by private companies.

     SEC. 903. PURPOSE.

       The purpose of this title is to establish, for a 2-year 
     period, a Commission on Privacy Rights in the Digital Age 
     to--
       (1) examine--
       (A) the ways in which public agencies and private companies 
     gather data on the people of the United States; and
       (B) the ways in which that data is utilized, either 
     internally or externally; and
       (2) make recommendations concerning potential policy 
     changes needed to safeguard the privacy of the people of the 
     United States.

     SEC. 904. COMPOSITION OF THE COMMISSION.

       (a) Establishment.--To carry out the purpose of this title, 
     there is established in the legislative branch a Commission 
     on Privacy Rights in the Digital Age (in this title referred 
     to as the ``Commission'').
       (b) Composition.--The Commission shall be composed of 12 
     members, as follows:
       (1) Four members appointed by the President, of whom--
       (A) 2 shall be appointed from the executive branch of the 
     Government; and
       (B) 2 shall be appointed from private life.
       (2) Two members appointed by the majority leader of the 
     Senate, of whom--
       (A) 1 shall be a Member of the Senate; and
       (B) 1 shall be appointed from private life.
       (3) Two members appointed by the minority leader of the 
     Senate, of whom--
       (A) 1 shall be a Member of the Senate; and
       (B) 1 shall be appointed from private life.
       (4) Two members appointed by the Speaker of the House of 
     Representatives, of whom--
       (A) 1 shall be a Member of the House; and
       (B) 1 shall be appointed from private life.
       (5) Two members appointed by the minority leader of the 
     House of Representatives, of whom--
       (A) 1 shall be a Member of the House; and
       (B) 1 shall be appointed from private life.
       (c) Chairperson.--The Commission shall elect a Chairperson 
     and Vice-Chairperson from among its members.
       (d) Meetings; Quorum; Vacancies.--
       (1) Meetings.--After its initial meeting, the Commission 
     shall meet upon the call of the Chairperson or a majority of 
     its members.

[[Page 7836]]

       (2) Quorum.--Seven members of the Commission shall 
     constitute a quorum.
       (3) Vacancies.--Any vacancy in the Commission shall not 
     affect its powers but shall be filled in the same manner in 
     which the original appointment was made.
       (e) Appointment of Members; Initial Meeting.--
       (1) Appointment of members.--Each member of the Commission 
     shall be appointed not later than 60 days after the date of 
     enactment of this Act.
       (2) Initial meeting.--On or after the date on which all 
     members of the Commission have been appointed, and not later 
     than 60 days after the date of enactment of this Act, the 
     Commission shall hold its initial meeting.

     SEC. 905. DUTIES OF THE COMMISSION.

       The Commission shall--
       (1) conduct an investigation of relevant facts and 
     circumstances relating to the expansion of data collection 
     practices in the public, private, and national security 
     sectors, including implications for--
       (A) surveillance;
       (B) political, civil, and commercial rights of individuals 
     and corporate entities;
       (C) employment practices, including hiring and firing; and
       (D) credit availability and reporting; and
       (2) submit to the President and Congress reports containing 
     findings, conclusions, and recommendations for corrective 
     measures relating to the facts and circumstances investigated 
     under paragraph (1), in accordance with section 911.

     SEC. 906. POWERS OF THE COMMISSION.

       (a) In General.--
       (1) Hearings and evidence.--The Commission or, at its 
     direction, any subcommittee or member of the Commission, may, 
     for the purpose of carrying out this title--
       (A) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths as the Commission or such subcommittee 
     or member determines advisable; and
       (B) subject to paragraph (2)(A), require, by subpoena or 
     otherwise, the attendance and testimony of such witnesses and 
     the production of such books, records, correspondence, 
     memoranda, papers, documents, tapes, and materials as the 
     Commission or such subcommittee or member determines 
     advisable.
       (2) Subpoenas.--
       (A) Issuance.--
       (i) In general.--A subpoena may be issued under paragraph 
     (1) only--

       (I) by the agreement of the Chairperson and the Vice 
     Chairperson; or
       (II) by the affirmative vote of 8 members of the 
     Commission.

       (ii) Signature.--Subject to clause (i), a subpoena issued 
     under paragraph (1) may--

       (I) be issued under the signature of--

       (aa) the Chairperson; or
       (bb) a member designated by a majority of the Commission; 
     and

       (II) be served by--

       (aa) any person designated by the Chairperson; or
       (bb) a member designated by a majority of the Commission.
       (B) Enforcement.--
       (i) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under paragraph (1), the United States 
     district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, or 
     where the subpoena is returnable, may issue an order 
     requiring such person to appear at any designated place to 
     testify or to produce documentary or other evidence.
       (ii) Contempt of court.--Any failure to obey the order of 
     the court under clause (i) may be punished by the court as a 
     contempt of that court.
       (3) Witness allowances and fees.--
       (A) In general.--Section 1821 of title 28, United States 
     Code, shall apply to witnesses requested or subpoenaed to 
     appear at any hearing of the Commission.
       (B) Source of funds.--The per diem and mileage allowances 
     for witnesses shall be paid from funds available to pay the 
     expenses of the Commission.
       (b) Contracting.--The Commission may, to such extent and in 
     such amounts as are provided in appropriations Acts, enter 
     into contracts to enable the Commission to discharge its 
     duties under this title.
       (c) Information From Federal Agencies.--
       (1) In general.--The Commission may secure directly from 
     any Federal department or agency such information as the 
     Commission considers necessary to carry out this Act.
       (2) Furnishing of information.--If the Chairperson, the 
     chairperson of any subcommittee created by a majority of the 
     Commission, or any member designated by a majority of the 
     Commission submits to a Federal department or agency a 
     request for information under paragraph (1), the head of the 
     department or agency shall, to the extent authorized by law, 
     furnish the information directly to the Commission.
       (3) Receipt, handling, storage, and dissemination.--
     Information furnished under paragraph (2) shall only be 
     received, handled, stored, and disseminated by members of the 
     Commission and its staff consistent with all applicable 
     statutes, regulations, and executive orders.
       (d) Assistance From Federal Agencies.--
       (1) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the Commission's functions.
       (2) Other departments and agencies.--In addition to the 
     assistance provided under paragraph (1), departments and 
     agencies of the United States may provide to the Commission 
     such services, funds, facilities, staff, and other support 
     services as the departments and agencies may determine 
     advisable and as authorized by law.
       (e) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as a department or agency of the United States.

     SEC. 907. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

       (a) In General.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the Commission.
       (b) Public Meetings and Release of Public Versions of 
     Reports.--The Commission shall--
       (1) hold public hearings and meetings to the extent 
     appropriate; and
       (2) release public versions of the reports required under 
     subsections (a) and (b) of section 911.
       (c) Public Hearings.--Any public hearing of the Commission 
     shall be conducted in a manner consistent with the protection 
     of information provided to or developed for or by the 
     Commission as required by any applicable statute, regulation, 
     or executive order.

     SEC. 908. STAFF OF COMMISSION.

       (a) In General.--
       (1) Appointment and compensation.--The Chairperson, in 
     consultation with the Vice Chairperson and in accordance with 
     rules agreed upon by the Commission, may appoint and fix the 
     compensation of an executive director and such other 
     personnel as may be necessary to enable the Commission to 
     carry out the functions of the Commission, without regard to 
     the provisions of title 5, United States Code, governing 
     appointments in the competitive service, and without regard 
     to the provisions of chapter 51 and subchapter III of chapter 
     53 of that title relating to classification and General 
     Schedule pay rates, except that no rate of pay fixed under 
     this paragraph may exceed the equivalent of that payable for 
     a position at level V of the Executive Schedule under section 
     5316 of title 5, United States Code.
       (2) Personnel as federal employees.--
       (A) In general.--The executive director and any personnel 
     of the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that 
     title.
       (B) Members of commission.--Subparagraph (A) shall not be 
     construed to apply to members of the Commission.
       (b) Detailees.--Any Federal Government employee may be 
     detailed to the Commission without reimbursement from the 
     Commission, and such detailee shall retain the rights, 
     status, and privileges of his or her regular employment 
     without interruption.
       (c) Consultant Services.--The Commission may procure the 
     services of experts and consultants in accordance with 
     section 3109 of title 5, United States Code, but at rates not 
     to exceed the daily rate paid a person occupying a position 
     at level IV of the Executive Schedule under section 5315 of 
     that title.

     SEC. 909. COMPENSATION AND TRAVEL EXPENSES.

       (a) Compensation.--Each member of the Commission who is not 
     an officer or employee of the Federal Government may be 
     compensated at not to exceed the daily equivalent of the 
     annual rate of basic pay in effect for a position at level IV 
     of the Executive Schedule under section 5315 of title 5, 
     United States Code, for each day during which that member is 
     engaged in the actual performance of the duties of the 
     Commission.
       (b) Travel Expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703 of 
     title 5, United States Code.

     SEC. 910. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND 
                   STAFF.

       The appropriate departments or agencies of the Federal 
     Government shall cooperate with the Commission in 
     expeditiously providing to the members and staff of the 
     Commission appropriate security clearances to the extent 
     possible under applicable procedures and requirements, and no 
     person shall be provided with access to classified 
     information under this title without the appropriate security 
     clearances.

     SEC. 911. REPORTS OF COMMISSION; TERMINATION.

       (a) Interim Reports.--The Commission shall submit to the 
     President and Congress interim reports containing such 
     findings, conclusions, and recommendations for corrective 
     measures as have been agreed to by a majority of Commission 
     members.

[[Page 7837]]

       (b) Final Report.--Not later than 2 years after the date of 
     enactment of this Act, the Commission shall submit to the 
     President and Congress a final report containing such 
     findings, conclusions, and recommendations for corrective 
     measures as have been agreed to by a majority of Commission 
     members.
       (c) Classified Information.--Each report submitted under 
     subsection (a) or (b) shall be in unclassified form, but may 
     include a classified annex.
       (d) Termination.--
       (1) In general.--The Commission, and all the authorities 
     under this title, shall terminate 60 days after the date on 
     which Commission submits the final report under subsection 
     (b).
       (2) Administrative activities before termination.--The 
     Commission may use the 60-day period referred to in paragraph 
     (1) for the purpose of concluding its activities, including 
     providing testimony to committees of Congress concerning its 
     reports and disseminating the final report.

     SEC. 912. FUNDING.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this title.
       (b) Duration of Availability.--Amounts made available to 
     the Commission under subsection (a) shall remain available 
     until the termination of the Commission.

                          ____________________