[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3009 Enrolled Bill (ENR)]
H.R.3009
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To extend the Andean Trade Preference Act, to grant additional trade
benefits under that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Trade Act of 2002''.

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(a) Divisions.--This Act is organized into 5 divisions as follows:
(1) Division a.--Trade Adjustment Assistance.
(2) Division b.--Bipartisan Trade Promotion Authority.
(3) Division c.--Andean Trade Preference Act.
(4) Division d.--Extension of Certain Preferential Trade
Treatment and Other Provisions.
(5) Division e.--Miscellaneous Provisions.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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Subtitle A--Trade Adjustment Assistance For Workers

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assistance; expedited review of petitions by secretary of
labor.

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TITLE I

-TRADE ADJUSTMENT ASSISTANCE PROGRAM

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Subtitle B--Trade Adjustment Assistance For Firms

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Subtitle C--Trade Adjustment Assistance For Farmers

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trade readjustment allowance or a benefit from the Pension
Benefit Guaranty Corporation.

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TITLE II

-CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE INDIVIDUALS

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Subtitle A--United States Customs Service
Chapter 1--Drug Enforcement and Other Noncommercial and Commercial
Operations

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TITLE III

-CUSTOMS REAUTHORIZATION

commercial operations, and air and marine interdiction.

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the United States-Mexico border, United States-Canada border,
and Florida and the Gulf Coast seaports.

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Chapter 2--Child Cyber-smuggling Center of the Customs Service

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pornography/child sexual exploitation.
Chapter 3--Miscellaneous Provisions

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improved Customs reporting procedures.
Sec. 343A. Secure systems of transportation.

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operations in New York City.
Chapter 5--Textile Transshipment Provisions

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Subtitle B--Office of the United States Trade Representative

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Subtitle C--United States International Trade Commission

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acquired abroad by United States residents.

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TITLE XXI

-TRADE PROMOTION AUTHORITY

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TITLE XXXI

-ANDEAN TRADE PREFERENCE

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TITLE XLI

-EXTENSION OF GENERALIZED SYSTEM OF PREFERENCES

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TITLE L

-MISCELLANEOUS TRADE BENEFITS

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This division may be cited as the ``Trade Adjustment Assistance
Reform Act of 2002''.
Subtitle A--Trade Adjustment Assistance For Workers

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(a) Assistance for Workers.--Section 245 of the Trade Act of 1974
(19 U.S.C. 2317) is amended by striking ``October 1, 1998, and ending
September 30, 2001,'' each place it appears and inserting ``October 1,
2001, and ending September 30, 2007,''.
(b) Assistance for Firms.--Section 256(b) of the Trade Act of 1974
(19 U.S.C. 2346(b)) is amended by striking ``October 1, 1998, and
ending September 30, 2001'' and inserting ``October 1, 2001, and ending
September 30, 2007,''.
(c) Termination.--Section 285 of the Trade Act of 1974 is amended
to read as follows:
``SEC. 285. TERMINATION.
``(a) Assistance for Workers.--
``(1) In general.--Except as provided in paragraph (2), trade
adjustment assistance, vouchers, allowances, and other payments or
benefits may not be provided under chapter 2 after September 30,
2007.
``(2) Exception.--Notwithstanding paragraph (1), a worker shall
continue to receive trade adjustment assistance benefits and other
benefits under chapter 2 for any week for which the worker meets
the eligibility requirements of that chapter, if on or before
September 30, 2007, the worker is--
``(A) certified as eligible for trade adjustment assistance
benefits under chapter 2 of this title; and
``(B) otherwise eligible to receive trade adjustment
assistance benefits under chapter 2.
``(b) Other Assistance.--
``(1) Assistance for firms.--Technical assistance may not be
provided under chapter 3 after September 30, 2007.
``(2) Assistance for farmers.--
``(A) In general.--Except as provided in subparagraph (B),
adjustment assistance, vouchers, allowances, and other payments
or benefits may not be provided under chapter 6 after September
30, 2007.
``(B) Exception.--Notwithstanding subparagraph (A), an
agricultural commodity producer (as defined in section 291(2))
shall continue to receive adjustment assistance benefits and
other benefits under chapter 6, for any week for which the
agricultural commodity producer meets the eligibility
requirements of chapter 6, if on or before September 30, 2007,
the agricultural commodity producer is--
``(i) certified as eligible for adjustment assistance
benefits under chapter 6; and
``(ii) is otherwise eligible to receive adjustment
assistance benefits under such chapter 6.''.

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ASSISTANCE; EXPEDITED REVIEW OF PETITIONS BY SECRETARY OF
LABOR.
(a) Filing of Petitions and Provision of Rapid Response
Assistance.--Section 221(a) of the Trade Act of 1974 (19 U.S.C.
2271(a)) is amended to read as follows:
``(a)(1) A petition for certification of eligibility to apply for
adjustment assistance for a group of workers under this chapter may be
filed simultaneously with the Secretary and with the Governor of the
State in which such workers' firm or subdivision is located by any of
the following:
``(A) The group of workers (including workers in an
agricultural firm or subdivision of any agricultural firm).
``(B) The certified or recognized union or other duly
authorized representative of such workers.
``(C) Employers of such workers, one-stop operators or one-stop
partners (as defined in section 101 of the Workforce Investment Act
of 1998 (29 U.S.C. 2801)), including State employment security
agencies, or the State dislocated worker unit established under
title I of such Act, on behalf of such workers.
``(2) Upon receipt of a petition filed under paragraph (1), the
Governor shall--
``(A) ensure that rapid response assistance, and appropriate
core and intensive services (as described in section 134 of the
Workforce Investment Act of 1998 (29 U.S.C. 2864)) authorized under
other Federal laws are made available to the workers covered by the
petition to the extent authorized under such laws; and
``(B) assist the Secretary in the review of the petition by
verifying such information and providing such other assistance as
the Secretary may request.
``(3) Upon receipt of the petition, the Secretary shall promptly
publish notice in the Federal Register that the Secretary has received
the petition and initiated an investigation.''.
(b) Expedited Review of Petitions by Secretary of Labor.--Section
223(a) of such Act (19 U.S.C. 2273(a)) is amended in the first sentence
by striking ``60 days'' and inserting ``40 days''.

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(a) Trade Adjustment Assistance Program.--
(1) In general.--Section 222 of the Trade Act of 1974 (19
U.S.C. 2272) is amended--
(A) by amending subsection (a) to read as follows:
``(a) In General.--A group of workers (including workers in any
agricultural firm or subdivision of an agricultural firm) shall be
certified by the Secretary as eligible to apply for adjustment
assistance under this chapter pursuant to a petition filed under
section 221 if the Secretary determines that--
``(1) a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm, have
become totally or partially separated, or are threatened to become
totally or partially separated; and
``(2)(A)(i) the sales or production, or both, of such firm or
subdivision have decreased absolutely;
``(ii) imports of articles like or directly competitive with
articles produced by such firm or subdivision have increased; and
``(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or threat of
separation and to the decline in the sales or production of such
firm or subdivision; or
``(B)(i) there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by such firm
or subdivision; and
``(ii)(I) the country to which the workers' firm has shifted
production of the articles is a party to a free trade agreement
with the United States;
``(II) the country to which the workers' firm has shifted
production of the articles is a beneficiary country under the
Andean Trade Preference Act, African Growth and Opportunity Act, or
the Caribbean Basin Economic Recovery Act; or
``(III) there has been or is likely to be an increase in
imports of articles that are like or directly competitive with
articles which are or were produced by such firm or subdivision.'';
(B) by redesignating subsection (b) as subsection (c); and
(C) by inserting after subsection (a) the following:
``(b) Adversely affected secondary workers.--A group of workers
(including workers in any agricultural firm or subdivision of an
agricultural firm) shall be certified by the Secretary as eligible to
apply for trade adjustment assistance benefits under this chapter if
the Secretary determines that--
``(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm have become
totally or partially separated, or are threatened to become totally
or partially separated;
``(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that employed a
group of workers who received a certification of eligibility under
subsection (a), and such supply or production is related to the
article that was the basis for such certification (as defined in
subsection (c) (3) and (4)); and
``(3) either--
``(A) the workers' firm is a supplier and the component
parts it supplied to the firm (or subdivision) described in
paragraph (2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
``(B) a loss of business by the workers' firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers' separation or threat of separation
determined under paragraph (1).''.
(b) Definitions.--Section 222(c) of such Act, as redesignated by
paragraph (1)(A), is amended--
(1) in the matter preceding paragraph (1), by striking
``subsection (a)(3)'' and inserting ``this section''; and
(2) by adding at the end the following:
``(3) Downstream producer.--The term `downstream producer'
means a firm that performs additional, value-added production
processes for a firm or subdivision, including a firm that performs
final assembly or finishing, directly for another firm (or
subdivision), for articles that were the basis for a certification
of eligibility under subsection (a) of a group of workers employed
by such other firm, if the certification of eligibility under
subsection (a) is based on an increase in imports from, or a shift
in production to, Canada or Mexico.
``(4) Supplier.--The term `supplier' means a firm that produces
and supplies directly to another firm (or subdivision) component
parts for articles that were the basis for a certification of
eligibility under subsection (a) of a group of workers employed by
such other firm.''.

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(a) Clarification of Certain Reductions.--Section 231(a)(3)(B) of
the Trade Act of 1974 (19 U.S.C. 2291(a)(3)(B)) is amended by inserting
after ``any unemployment insurance'' the following: ``, except
additional compensation that is funded by a State and is not reimbursed
from any Federal funds,''.
(b) Enrollment in Training Requirement.--Section 231(a)(5)(A) of
such Act (19 U.S.C. 2291(a)(5)(A)) is amended--
(1) by inserting ``(i)'' after ``(A)'';
(2) by adding ``and'' after the comma at the end; and
(3) by adding at the end the following:
``(ii) the enrollment required under clause (i) occurs no
later than the latest of--
``(I) the last day of the 16th week after the worker's
most recent total separation from adversely affected
employment which meets the requirements of paragraphs (1)
and (2),
``(II) the last day of the 8th week after the week in
which the Secretary issues a certification covering the
worker,
``(III) 45 days after the later of the dates specified
in subclause (I) or (II), if the Secretary determines there
are extenuating circumstances that justify an extension in
the enrollment period, or
``(IV) the last day of a period determined by the
Secretary to be approved for enrollment after the
termination of a waiver issued pursuant to subsection
(c),''.

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(a) In General.--Section 231(c) of the Trade Act of 1974 (19 U.S.C.
2291(c)) is amended to read as follows:
``(c) Waivers of Training Requirements.--
``(1) Issuance of waivers.--The Secretary may issue a written
statement to an adversely affected worker waiving the requirement
to be enrolled in training described in subsection (a)(5)(A) if the
Secretary determines that it is not feasible or appropriate for the
worker, because of 1 or more of the following reasons:
``(A) Recall.--The worker has been notified that the worker
will be recalled by the firm from which the separation
occurred.
``(B) Marketable skills.--The worker possesses marketable
skills for suitable employment (as determined pursuant to an
assessment of the worker, which may include the profiling
system under section 303(j) of the Social Security Act (42
U.S.C. 503(j)), carried out in accordance with guidelines
issued by the Secretary) and there is a reasonable expectation
of employment at equivalent wages in the foreseeable future.
``(C) Retirement.--The worker is within 2 years of meeting
all requirements for entitlement to either--
``(i) old-age insurance benefits under title II of the
Social Security Act (42 U.S.C. 401 et seq.) (except for
application therefor); or
``(ii) a private pension sponsored by an employer or
labor organization.
``(D) Health.--The worker is unable to participate in
training due to the health of the worker, except that a waiver
under this subparagraph shall not be construed to exempt a
worker from requirements relating to the availability for work,
active search for work, or refusal to accept work under Federal
or State unemployment compensation laws.
``(E) Enrollment unavailable.--The first available
enrollment date for the approved training of the worker is
within 60 days after the date of the determination made under
this paragraph, or, if later, there are extenuating
circumstances for the delay in enrollment, as determined
pursuant to guidelines issued by the Secretary.
``(F) Training not available.--Training approved by the
Secretary is not reasonably available to the worker from either
governmental agencies or private sources (which may include
area vocational education schools, as defined in section 3 of
the Carl D. Perkins Vocational and Technical Education Act of
1998 (20 U.S.C. 2302), and employers), no training that is
suitable for the worker is available at a reasonable cost, or
no training funds are available.
``(2) Duration of waivers.--
``(A) In general.--A waiver issued under paragraph (1)
shall be effective for not more than 6 months after the date on
which the waiver is issued, unless the Secretary determines
otherwise.
``(B) Revocation.--The Secretary shall revoke a waiver
issued under paragraph (1) if the Secretary determines that the
basis of a waiver is no longer applicable to the worker and
shall notify the worker in writing of the revocation.
``(3) Agreements under section 239.--
``(A) Issuance by cooperating states.--Pursuant to an
agreement under section 239, the Secretary may authorize a
cooperating State to issue waivers as described in paragraph
(1).
``(B) Submission of statements.--An agreement under section
239 shall include a requirement that the cooperating State
submit to the Secretary the written statements provided under
paragraph (1) and a statement of the reasons for the waiver.''.
(b) Conforming Amendment.--Section 231(a)(5)(C) of such Act (19
U.S.C. 2291(a)(5)(C)) is amended by striking ``certified''.

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(a) Increase in Maximum Number of Weeks.--Section 233(a) of the
Trade Act of 1974 (19 U.S.C. 2293(a)) is amended--
(1) in paragraph (2), by inserting after ``104-week period''
the following: ``(or, in the case of an adversely affected worker
who requires a program of remedial education (as described in
section 236(a)(5)(D)) in order to complete training approved for
the worker under section 236, the 130-week period)''; and
(2) in paragraph (3), by striking ``26'' each place it appears
and inserting ``52''.
(b) Special Rule Relating to Break in Training.--Section 233(f) of
the Trade Act of 1974 (19 U.S.C. 2293(f)) is amended in the matter
preceding paragraph (1) by striking ``14 days'' and inserting ``30
days''.
(c) Additional Weeks for Individuals in Need of Remedial
Education.--Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is
amended by adding at the end the following:
``(g) Notwithstanding any other provision of this section, in order
to assist an adversely affected worker to complete training approved
for the worker under section 236 which includes a program of remedial
education (as described in section 236(a)(5)(D)), and in accordance
with regulations prescribed by the Secretary, payments may be made as
trade readjustment allowances for up to 26 additional weeks in the 26-
week period that follows the last week of entitlement to trade
readjustment allowances otherwise payable under this chapter.''.

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Section 236(a)(2)(A) of the Trade Act of 1974 (19 U.S.C.
2296(a)(2)(A)) is amended by striking ``$80,000,000'' and all that
follows through ``$70,000,000'' and inserting ``$220,000,000''.

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(a) In General.--Section 236(a)(5)(A) of the Trade Act of 1974 (19
U.S.C. 2296(a)(5)(A)) is amended to read as follows:
``(A) employer-based training, including--
``(i) on-the-job training, and
``(ii) customized training,''.
(b) Reimbursement.--Section 236(c)(8) of such Act (19 U.S.C.
2296(c)(8)) is amended to read as follows:
``(8) the employer is provided reimbursement of not more than
50 percent of the wage rate of the participant, for the cost of
providing the training and additional supervision related to the
training,''.
(c) Definition.--Section 236 of such Act (19 U.S.C. 2296) is
amended by adding at the end the following new subsection:
``(f) For purposes of this section, the term `customized training'
means training that is--
``(1) designed to meet the special requirements of an employer
or group of employers;
``(2) conducted with a commitment by the employer or group of
employers to employ an individual upon successful completion of the
training; and
``(3) for which the employer pays for a significant portion
(but in no case less than 50 percent) of the cost of such training,
as determined by the Secretary.''.

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1998.
Section 235 of the Trade Act of 1974 (19 U.S.C. 2295) is amended by
inserting before the period at the end of the first sentence the
following: ``, including the services provided through one-stop
delivery systems described in section 134(c) of the Workforce
Investment Act of 1998 (29 U.S.C. 2864(c))''.

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Section 245 of the Trade Act of 1974 (19 U.S.C. 2317), as amended
by section 111(a) of this Act, is further amended by amending
subsection (b) to read as follows:
``(b) Period of Expenditure.--Funds obligated for any fiscal year
to carry out activities under sections 235 through 238 may be expended
by each State receiving such funds during that fiscal year and the
succeeding two fiscal years.''.

393ca677a0d2c0a48eaca4ff0216d533182ba73b53f3bc43013a94469444daa4

Section 237 of the Trade Act of 1974 (19 U.S.C. 2297) is amended to
read as follows:
``SEC. 237. JOB SEARCH ALLOWANCES.
``(a) Job Search Allowance Authorized.--
``(1) In general.--An adversely affected worker covered by a
certification issued under subchapter A of this chapter may file an
application with the Secretary for payment of a job search
allowance.
``(2) Approval of applications.--The Secretary may grant an
allowance pursuant to an application filed under paragraph (1) when
all of the following apply:
``(A) Assist adversely affected worker.--The allowance is
paid to assist an adversely affected worker who has been
totally separated in securing a job within the United States.
``(B) Local employment not available.--The Secretary
determines that the worker cannot reasonably be expected to
secure suitable employment in the commuting area in which the
worker resides.
``(C) Application.--The worker has filed an application for
the allowance with the Secretary before--
``(i) the later of--
``(I) the 365th day after the date of the
certification under which the worker is certified as
eligible; or
``(II) the 365th day after the date of the worker's
last total separation; or
``(ii) the date that is the 182d day after the date on
which the worker concluded training, unless the worker
received a waiver under section 231(c).
``(b) Amount of Allowance.--
``(1) In general.--An allowance granted under subsection (a)
shall provide reimbursement to the worker of 90 percent of the cost
of necessary job search expenses as prescribed by the Secretary in
regulations.
``(2) Maximum allowance.--Reimbursement under this subsection
may not exceed $1,250 for any worker.
``(3) Allowance for subsistence and transportation.--
Reimbursement under this subsection may not be made for subsistence
and transportation expenses at levels exceeding those allowable
under section 236(b) (1) and (2).
``(c) Exception.--Notwithstanding subsection (b), the Secretary
shall reimburse any adversely affected worker for necessary expenses
incurred by the worker in participating in a job search program
approved by the Secretary.''.

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Section 238 of the Trade Act of 1974 (19 U.S.C. 2298) is amended to
read as follows:
``SEC. 238. RELOCATION ALLOWANCES.
``(a) Relocation Allowance Authorized.--
``(1) In general.--Any adversely affected worker covered by a
certification issued under subchapter A of this chapter may file an
application for a relocation allowance with the Secretary, and the
Secretary may grant the relocation allowance, subject to the terms
and conditions of this section.
``(2) Conditions for granting allowance.--A relocation
allowance may be granted if all of the following terms and
conditions are met:
``(A) Assist an adversely affected worker.--The relocation
allowance will assist an adversely affected worker in
relocating within the United States.
``(B) Local employment not available.--The Secretary
determines that the worker cannot reasonably be expected to
secure suitable employment in the commuting area in which the
worker resides.
``(C) Total separation.--The worker is totally separated
from employment at the time relocation commences.
``(D) Suitable employment obtained.--The worker--
``(i) has obtained suitable employment affording a
reasonable expectation of long-term duration in the area in
which the worker wishes to relocate; or
``(ii) has obtained a bona fide offer of such
employment.
``(E) Application.--The worker filed an application with
the Secretary before--
``(i) the later of--
``(I) the 425th day after the date of the
certification under subchapter A of this chapter; or
``(II) the 425th day after the date of the worker's
last total separation; or
``(ii) the date that is the 182d day after the date on
which the worker concluded training, unless the worker
received a waiver under section 231(c).
``(b) Amount of Allowance.--The relocation allowance granted to a
worker under subsection (a) includes--
``(1) 90 percent of the reasonable and necessary expenses
(including, but not limited to, subsistence and transportation
expenses at levels not exceeding those allowable under section
236(b) (1) and (2) specified in regulations prescribed by the
Secretary, incurred in transporting the worker, the worker's
family, and household effects; and
``(2) a lump sum equivalent to 3 times the worker's average
weekly wage, up to a maximum payment of $1,250.
``(c) Limitations.--A relocation allowance may not be granted to a
worker unless--
``(1) the relocation occurs within 182 days after the filing of
the application for relocation assistance; or
``(2) the relocation occurs within 182 days after the
conclusion of training, if the worker entered a training program
approved by the Secretary under section 236(b) (1) and (2).''.

347f1aa0cc1756b0502d6636332236e970912bf8bb813841dbd407b019e26213

(a) In General.--Subchapter D of chapter 2 of title II of such Act
(19 U.S.C. 2331) is repealed.
(b) Conforming Amendments.--
(1) Section 225(b) (1) and (2) of the Trade Act of 1974 (19
U.S.C. 2275(b) (1) and (2)) is amended by striking ``or subchapter
D'' each place it appears.
(2) Section 249A of such Act (19 U.S.C. 2322) is repealed.
(3) The table of contents of such Act is amended--
(A) by striking the item relating to section 249A; and
(B) by striking the items relating to subchapter D of
chapter 2 of title II.
(4) Section 284(a) of such Act is amended by striking ``or
section 250(c)''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply with respect to petitions filed under chapter 2 of title II
of the Trade Act of 1974, on or after the date that is 90 days
after the date of enactment of this Act.
(2) Workers certified as eligible before effective date.--
Notwithstanding subsection (a), a worker receiving benefits under
chapter 2 of title II of the Trade Act of 1974 shall continue to
receive (or be eligible to receive) benefits and services under
chapter 2 of title II of the Trade Act of 1974, as in effect on the
day before the amendments made by this section take effect under
subsection (a), for any week for which the worker meets the
eligibility requirements of such chapter 2 as in effect on such
date.

aa4b9134083a0164ceb759d50fa55d5c37159765ab7c81cdada757de6777a4be

ASSISTANCE FOR OLDER WORKERS.
(a) Demonstration Program.--Chapter 2 of title II of the Trade Act
of 1974 (19 U.S.C. 2271 et seq.) is amended by striking section 246 and
inserting the following new section:
``SEC. 246. DEMONSTRATION PROJECT FOR ALTERNATIVE TRADE ADJUSTMENT
ASSISTANCE FOR OLDER WORKERS.
``(a) In General.--
``(1) Establishment.--Not later than 1 year after the date of
enactment of the Trade Adjustment Assistance Reform Act of 2002,
the Secretary shall establish an alternative trade adjustment
assistance program for older workers that provides the benefits
described in paragraph (2).
``(2) Benefits.
``(A) Payments.--A State shall use the funds provided to
the State under section 241 to pay, for a period not to exceed
2 years, to a worker described in paragraph (3)(B), 50 percent
of the difference between--
``(i) the wages received by the worker from
reemployment; and
``(ii) the wages received by the worker at the time of
separation.
``(B) Health insurance.--A worker described in paragraph
(3)(B) participating in the program established under paragraph
(1) is eligible to receive, for a period not to exceed 2 years,
a credit for health insurance costs under section 35 of the
Internal Revenue Code of 1986, as added by section 201 of the
Trade Act of 2002.
``(3) Eligibility.--
``(A) Firm eligibility.--
``(i) In general.--The Secretary shall provide the
opportunity for a group of workers on whose behalf a
petition is filed under section 221 to request that the
group of workers be certified for the alternative trade
adjustment assistance program under this section at the
time the petition is filed.
``(ii) Criteria.--In determining whether to certify a
group of workers as eligible for the alternative trade
adjustment assistance program, the Secretary shall consider
the following criteria:
``(I) Whether a significant number of workers in
the workers' firm are 50 years of age or older.
``(II) Whether the workers in the workers' firm
possess skills that are not easily transferable.
``(III) The competitive conditions within the
workers' industry.
``(iii) Deadline.--The Secretary shall determine
whether the workers in the group are eligible for the
alternative trade adjustment assistance program by the date
specified in section 223(a).
``(B) Individual Eligibility.--A worker in the group that
the Secretary has certified as eligible for the alternative
trade adjustment assistance program may elect to receive
benefits under the alternative trade adjustment assistance
program if the worker--
``(i) is covered by a certification under subchapter A
of this chapter;
``(ii) obtains reemployment not more than 26 weeks
after the date of separation from the adversely affected
employment;
``(iii) is at least 50 years of age; and
``(iv) earns not more than $50,000 a year in wages from
reemployment;
``(v) is employed on a full-time basis as defined by
State law in the State in which the worker is employed; and
``(vi) does not return to the employment from which the
worker was separated.
``(4) Total amount of payments.--The payments described in
paragraph (2)(A) made to a worker may not exceed $10,000 per worker
during the 2-year eligibility period.
``(5) Limitation on other benefits.--Except as provided in
section 238(a)(2)(B), if a worker is receiving payments pursuant to
the program established under paragraph (1), the worker shall not
be eligible to receive any other benefits under this title.
``(b) Termination.--
``(1) In general.--Except as provided in paragraph (2), no
payments may be made by a State under the program established under
subsection (a)(1) after the date that is 5 years after the date on
which such program is implemented by the State.
``(2) Exception.--Notwithstanding paragraph (1), a worker
receiving payments under the program established under subsection
(a)(1) on the termination date described in paragraph (1) shall
continue to receive such payments provided that the worker meets
the criteria described in subsection (a)(3)(B).''.
(b) Table of Contents.--The Trade Act of 1974 (U.S.C. et seq.) is
amended in the table of contents by inserting after the item relating
to section 245 the following new item:
``Sec. 246.  Demonstration project for alternative trade adjustment
assistance for older workers.''.

a10d111b105a53b97877082214d378adb859bbbdc6cd5ea1681a5e59a0ab8af8

(a) Declaration of Policy.--Congress reiterates that, under the
trade adjustment assistance program under chapter 2 of title II of the
Trade Act of 1974, workers are eligible for transportation, childcare,
and healthcare assistance, as well as other related assistance under
programs administered by the Department of Labor.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Labor, working independently and in conjunction with the
States, should, in accordance with section 225 of the Trade Act of
1974, provide more specific information about benefit allowances,
training, and other employment services, and the petition and
application procedures (including appropriate filing dates) for such
allowances, training, and services, under the trade adjustment
assistance program under chapter 2 of title II of the Trade Act of 1974
to workers who are applying for, or are certified to receive,
assistance under that program, including information on all other
Federal assistance available to such workers.
Subtitle B--Trade Adjustment Assistance For Firms

90cedbcb237ba69593cb08e43178f1dddf288800648ae66bed190649b68c0f36

Section 256(b) of chapter 3 of title II of the Trade Act of 1974
(19 U.S.C. 2346(b)) is amended to read as follows:
``(b) There are authorized to be appropriated to the Secretary
$16,000,000 for each of fiscal years 2003 through 2007, to carry out
the Secretary's functions under this chapter in connection with
furnishing adjustment assistance to firms. Amounts appropriated under
this subsection shall remain available until expended.''.
Subtitle C--Trade Adjustment Assistance For Farmers

5ea8de9d6bf4fc03eacad597f979841c07aa420f64ece4badce145bbd6ebb032

(a) In General.--Title II of the Trade Act of 1974 (19 U.S.C. 2251
et seq.) is amended by adding at the end the following new chapter:
``CHAPTER 6--ADJUSTMENT ASSISTANCE FOR FARMERS
``SEC. 291. DEFINITIONS.
``In this chapter:
``(1) Agricultural commodity.--The term `agricultural
commodity' means any agricultural commodity (including livestock)
in its raw or natural state.
``(2) Agricultural commodity producer.--The term `agricultural
commodity producer' has the same meaning as the term `person' as
prescribed by regulations promulgated under section 1001(5) of the
Food Security Act of 1985 (7 U.S.C. 1308(5)).
``(3) Contributed importantly.--
``(A) In general.--The term `contributed importantly' means
a cause which is important but not necessarily more important
than any other cause.
``(B) Determination of contributed importantly.--The
determination of whether imports of articles like or directly
competitive with an agricultural commodity with respect to
which a petition under this chapter was filed contributed
importantly to a decline in the price of the agricultural
commodity shall be made by the Secretary.
``(4) Duly authorized representative.--The term `duly
authorized representative' means an association of agricultural
commodity producers.
``(5) National average price.--The term `national average
price' means the national average price paid to an agricultural
commodity producer for an agricultural commodity in a marketing
year as determined by the Secretary.
``(6) Secretary.--The term `Secretary' means the Secretary of
Agriculture.
``SEC. 292. PETITIONS; GROUP ELIGIBILITY.
``(a) In General.--A petition for a certification of eligibility to
apply for adjustment assistance under this chapter may be filed with
the Secretary by a group of agricultural commodity producers or by
their duly authorized representative. Upon receipt of the petition, the
Secretary shall promptly publish notice in the Federal Register that
the Secretary has received the petition and initiated an investigation.
``(b) Hearings.--If the petitioner, or any other person found by
the Secretary to have a substantial interest in the proceedings,
submits not later than 10 days after the date of the Secretary's
publication under subsection (a) a request for a hearing, the Secretary
shall provide for a public hearing and afford such interested person an
opportunity to be present, to produce evidence, and to be heard.
``(c) Group Eligibility Requirements.--The Secretary shall certify
a group of agricultural commodity producers as eligible to apply for
adjustment assistance under this chapter if the Secretary determines--
``(1) that the national average price for the agricultural
commodity, or a class of goods within the agricultural commodity,
produced by the group for the most recent marketing year for which
the national average price is available is less than 80 percent of
the average of the national average price for such agricultural
commodity, or such class of goods, for the 5 marketing years
preceding the most recent marketing year; and
``(2) that increases in imports of articles like or directly
competitive with the agricultural commodity, or class of goods
within the agricultural commodity, produced by the group
contributed importantly to the decline in price described in
paragraph (1).
``(d) Special Rule for Qualified Subsequent Years.--A group of
agricultural commodity producers certified as eligible under section
293 shall be eligible to apply for assistance under this chapter in any
qualified year after the year the group is first certified, if the
Secretary determines that--
``(1) the national average price for the agricultural
commodity, or class of goods within the agricultural commodity,
produced by the group for the most recent marketing year for which
the national average price is available is equal to or less than
the price determined under subsection (c)(1); and
``(2) the requirements of subsection (c)(2) are met.
``(e) Determination of Qualified Year and Commodity.--In this
chapter:
``(1) Qualified year.--The term `qualified year', with respect
to a group of agricultural commodity producers certified as
eligible under section 293, means each consecutive year after the
year in which the group is certified and in which the Secretary
makes the determination under subsection (c) or (d), as the case
may be.
``(2) Classes of goods within a commodity.--In any case in
which there are separate classes of goods within an agricultural
commodity, the Secretary shall treat each class as a separate
commodity in determining group eligibility, the national average
price, and level of imports under this section and section 296.
``SEC. 293. DETERMINATIONS BY SECRETARY OF AGRICULTURE.
``(a) In General.--As soon as practicable after the date on which a
petition is filed under section 292, but in any event not later than 40
days after that date, the Secretary shall determine whether the
petitioning group meets the requirements of section 292 (c) or (d), as
the case may be, and shall, if the group meets the requirements, issue
a certification of eligibility to apply for assistance under this
chapter covering agricultural commodity producers in any group that
meets the requirements. Each certification shall specify the date on
which eligibility under this chapter begins.
``(b) Notice.--Upon making a determination on a petition, the
Secretary shall promptly publish a summary of the determination in the
Federal Register, together with the Secretary's reasons for making the
determination.
``(c) Termination of Certification.--Whenever the Secretary
determines, with respect to any certification of eligibility under this
chapter, that the decline in price for the agricultural commodity
covered by the certification is no longer attributable to the
conditions described in section 292, the Secretary shall terminate such
certification and promptly cause notice of such termination to be
published in the Federal Register, together with the Secretary's
reasons for making such determination.
``SEC. 294. STUDY BY SECRETARY OF AGRICULTURE WHEN INTERNATIONAL TRADE
COMMISSION BEGINS INVESTIGATION.
``(a) In General.--Whenever the International Trade Commission (in
this chapter referred to as the `Commission') begins an investigation
under section 202 with respect to an agricultural commodity, the
Commission shall immediately notify the Secretary of the investigation.
Upon receipt of the notification, the Secretary shall immediately
conduct a study of--
``(1) the number of agricultural commodity producers producing
a like or directly competitive agricultural commodity who have been
or are likely to be certified as eligible for adjustment assistance
under this chapter, and
``(2) the extent to which the adjustment of such producers to
the import competition may be facilitated through the use of
existing programs.
``(b) Report.--Not later than 15 days after the day on which the
Commission makes its report under section 202(f), the Secretary shall
submit a report to the President setting forth the findings of the
study described in subsection (a). Upon making the report to the
President, the Secretary shall also promptly make the report public
(with the exception of information which the Secretary determines to be
confidential) and shall have a summary of the report published in the
Federal Register.
``SEC. 295. BENEFIT INFORMATION TO AGRICULTURAL COMMODITY PRODUCERS.
``(a) In General.--The Secretary shall provide full information to
agricultural commodity producers about the benefit allowances,
training, and other employment services available under this title and
about the petition and application procedures, and the appropriate
filing dates, for such allowances, training, and services. The
Secretary shall provide whatever assistance is necessary to enable
groups to prepare petitions or applications for program benefits under
this title.
``(b) Notice of Benefits.--
``(1) In general.--The Secretary shall mail written notice of
the benefits available under this chapter to each agricultural
commodity producer that the Secretary has reason to believe is
covered by a certification made under this chapter.
``(2) Other notice.--The Secretary shall publish notice of the
benefits available under this chapter to agricultural commodity
producers that are covered by each certification made under this
chapter in newspapers of general circulation in the areas in which
such producers reside.
``(3) Other federal assistance.--The Secretary shall also
provide information concerning procedures for applying for and
receiving all other Federal assistance and services available to
workers facing economic distress.
``SEC. 296. QUALIFYING REQUIREMENTS FOR AGRICULTURAL COMMODITY
PRODUCERS.
``(a) In General.--
``(1) Requirements.--Payment of a trade adjustment allowance
shall be made to an adversely affected agricultural commodity
producer covered by a certification under this chapter who files an
application for such allowance within 90 days after the date on
which the Secretary makes a determination and issues a
certification of eligibility under section 293, if the following
conditions are met:
``(A) The producer submits to the Secretary sufficient
information to establish the amount of agricultural commodity
covered by the application filed under subsection (a) that was
produced by the producer in the most recent year.
``(B) The producer certifies that the producer has not
received cash benefits under any provision of this title other
than this chapter.
``(C) The producer's net farm income (as determined by the
Secretary) for the most recent year is less than the producer's
net farm income for the latest year in which no adjustment
assistance was received by the producer under this chapter.
``(D) The producer certifies that the producer has met with
an Extension Service employee or agent to obtain, at no cost to
the producer, information and technical assistance that will
assist the producer in adjusting to import competition with
respect to the adversely affected agricultural commodity,
including--
``(i) information regarding the feasibility and
desirability of substituting 1 or more alternative
commodities for the adversely affected agricultural
commodity; and
``(ii) technical assistance that will improve the
competitiveness of the production and marketing of the
adversely affected agricultural commodity by the producer,
including yield and marketing improvements.
``(2) Limitations.--
``(A) Adjusted gross income.--
``(i) In general.--Notwithstanding any other provision
of this chapter, an agricultural commodity producer shall
not be eligible for assistance under this chapter in any
year in which the average adjusted gross income of the
producer exceeds the level set forth in section 1001D of
the Food Security Act of 1985.
``(ii) Certification.--To comply with the limitation
under subparagraph (A), an individual or entity shall
provide to the Secretary--
``(I) a certification by a certified public
accountant or another third party that is acceptable to
the Secretary that the average adjusted gross income of
the producer does not exceed the level set forth in
section 1001D of the Food Security Act of 1985; or
``(II) information and documentation regarding the
adjusted gross income of the producer through other
procedures established by the Secretary.
``(B) Counter-cyclical payments.--The total amount of
payments made to an agricultural producer under this chapter
during any crop year may not exceed the limitation on counter-
cyclical payments set forth in section 1001(c) of the Food
Security Act of 1985.
``(C) Definitions.--In this subsection:
``(i) Adjusted gross income.--The term `adjusted gross
income' means adjusted gross income of an agricultural
commodity producer--
``(I) as defined in section 62 of the Internal
Revenue Code of 1986 and implemented in accordance with
procedures established by the Secretary; and
``(II) that is earned directly or indirectly from
all agricultural and nonagricultural sources of an
individual or entity for a fiscal or corresponding crop
year.
``(ii) Average adjusted gross income.--
``(I) In general.--The term `average adjusted gross
income' means the average adjusted gross income of a
producer for each of the 3 preceding taxable years.
``(II) Effective adjusted gross income.--In the
case of a producer that does not have an adjusted gross
income for each of the 3 preceding taxable years, the
Secretary shall establish rules that provide the
producer with an effective adjusted gross income for
the applicable year.
``(b) Amount of Cash Benefits.--
``(1) In general.--Subject to the provisions of section 298, an
adversely affected agricultural commodity producer described in
subsection (a) shall be entitled to adjustment assistance under
this chapter in an amount equal to the product of--
``(A) one-half of the difference between--
``(i) an amount equal to 80 percent of the average of
the national average price of the agricultural commodity
covered by the application described in subsection (a) for
the 5 marketing years preceding the most recent marketing
year, and
``(ii) the national average price of the agricultural
commodity for the most recent marketing year, and
``(B) the amount of the agricultural commodity produced by
the agricultural commodity producer in the most recent
marketing year.
``(2) Special rule for subsequent qualified years.--The amount
of cash benefits for a qualified year shall be determined in the
same manner as cash benefits are determined under paragraph (1)
except that the average national price of the agricultural
commodity shall be determined under paragraph (1)(A)(i) by using
the 5-marketing-year period used to determine the amount of cash
benefits for the first certification.
``(c) Maximum Amount of Cash Assistance.--The maximum amount of
cash benefits an agricultural commodity producer may receive in any 12-
month period shall not exceed $10,000.
``(d) Limitations on Other Assistance.--An agricultural commodity
producer entitled to receive a cash benefit under this chapter--
``(1) shall not be eligible for any other cash benefit under
this title, and
``(2) shall be entitled to employment services and training
benefits under part II of subchapter B of chapter 2.
``SEC. 297. FRAUD AND RECOVERY OF OVERPAYMENTS.
``(a) In General.--
``(1) Repayment.--If the Secretary, or a court of competent
jurisdiction, determines that any person has received any payment
under this chapter to which the person was not entitled, such
person shall be liable to repay such amount to the Secretary,
except that the Secretary may waive such repayment if the Secretary
determines, in accordance with guidelines prescribed by the
Secretary, that--
``(A) the payment was made without fault on the part of
such person; and
``(B) requiring such repayment would be contrary to equity
and good conscience.
``(2) Recovery of overpayment.--Unless an overpayment is
otherwise recovered, or waived under paragraph (1), the Secretary
shall recover the overpayment by deductions from any sums payable
to such person under this chapter.
``(b) False Statement.--A person shall, in addition to any other
penalty provided by law, be ineligible for any further payments under
this chapter--
``(1) if the Secretary, or a court of competent jurisdiction,
determines that the person--
``(A) knowingly has made, or caused another to make, a
false statement or representation of a material fact; or
``(B) knowingly has failed, or caused another to fail, to
disclose a material fact; and
``(2) as a result of such false statement or representation, or
of such nondisclosure, such person has received any payment under
this chapter to which the person was not entitled.
``(c) Notice and Determination.--Except for overpayments determined
by a court of competent jurisdiction, no repayment may be required, and
no deduction may be made, under this section until a determination
under subsection (a)(1) by the Secretary has been made, notice of the
determination and an opportunity for a fair hearing thereon has been
given to the person concerned, and the determination has become final.
``(d) Payment to Treasury.--Any amount recovered under this section
shall be returned to the Treasury of the United States.
``(e) Penalties.--Whoever makes a false statement of a material
fact knowing it to be false, or knowingly fails to disclose a material
fact, for the purpose of obtaining or increasing for himself or for any
other person any payment authorized to be furnished under this chapter
shall be fined not more than $10,000 or imprisoned for not more than 1
year, or both.
``SEC. 298. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated and
there are appropriated to the Department of Agriculture not to exceed
$90,000,000 for each of the fiscal years 2003 through 2007 to carry out
the purposes of this chapter.
``(b) Proportionate Reduction.--If in any year the amount
appropriated under this chapter is insufficient to meet the
requirements for adjustment assistance payable under this chapter, the
amount of assistance payable under this chapter shall be reduced
proportionately.''.
(b) Effective Date.--The amendments made by this title shall take
effect on the date that is 180 days after the date of enactment of this
Act.

ea5328bf6366b74093cebcc99dc3740064b04e8e9090bf0dd2252d121f8d17f3

(a) Judicial review.--
(1) Section 284(a) of the Trade Act of 1974 (19 U.S.C. 2395(a))
is amended--
(A) by inserting ``an agricultural commodity producer (as
defined in section 291(2)) aggrieved by a determination of the
Secretary of Agriculture under section 293, '' after ``section
251 of this title,''; and
(B) in the second sentence of subsection (a) and in
subsections (b) and (c), by striking ``or the Secretary of
Commerce'' each place it appears and inserting ``, the
Secretary of Commerce, or the Secretary of Agriculture''.
(b) Chapters 6.--The table of contents for title II of the Trade
Act of 1974, as amended by subparagraph (A), is amended by inserting
after the items relating to chapter 5 the following:
``Chapter 6--Adjustment Assistance for Farmers
``Sec. 291. Definitions.
``Sec. 292. Petitions; group eligibility.
``Sec. 293. Determinations by Secretary of Agriculture.
``Sec. 294. Study by Secretary of Agriculture when International Trade
Commission begins investigation.
``Sec. 295. Benefit information to agricultural commodity producers.
``Sec. 296. Qualifying requirements for agricultural commodity
producers.
``Sec. 297. Fraud and recovery of overpayments.
``Sec. 298. Authorization of appropriations.''.

fd078cee5d725ee60e3a79b24f40859c3bceb1b95f471cc6bb5ef89ac74b3fb3

Not later than 1 year after the date of enactment of this Act, the
Secretary of Commerce shall conduct a study and report to Congress
regarding whether a trade adjustment assistance program is appropriate
and feasible for fishermen. For purposes of the preceding sentence, the
term ``fishermen'' means any person who is engaged in commercial
fishing or is a United States fish processor.
Subtitle D--Effective Date

a850ee7e064e820dd88e529f44bf2a163c138d965684af43bb6b99b694809415

(a) In General.--Except as otherwise provided in sections 123(c)
and 141(b), and subsections (b), (c), and (d) of this section, the
amendments made by this division shall apply to petitions for
certification filed under chapter 2 or 3 of title II of the Trade Act
of 1974 on or after the date that is 90 days after the date of
enactment of this Act.
(b) Workers Certified as Eligible Before Effective Date.--
Notwithstanding subsection (a), a worker shall continue to receive (or
be eligible to receive) trade adjustment assistance and other benefits
under chapter 2 of title II of the Trade Act of 1974, as in effect on
September 30, 2001, for any week for which the worker meets the
eligibility requirements of such chapter 2 as in effect on such date,
if on or before such date, the worker--
(1) was certified as eligible for trade adjustment assistance
benefits under such chapter as in effect on such date; and
(2) would otherwise be eligible to receive trade adjustment
assistance benefits under such chapter as in effect on such date.
(c) Workers Who Became Eligible During Qualified Period.--
(1) In general.--Notwithstanding subsection (a) or any other
provision of law, including section 285 of the Trade Act of 1974,
any worker who would have been eligible to receive trade adjustment
assistance or other benefits under chapter 2 of title II of the
Trade Act of 1974 during the qualified period if such chapter 2 had
been in effect during such period, shall be eligible to receive
trade adjustment assistance and other benefits under chapter 2 of
title II of the Trade Act of 1974, as in effect on September 30,
2001, for any week during the qualified period for which the worker
meets the eligibility requirements of such chapter 2 as in effect
on September 30, 2001.
(2) Qualified period.--For purposes of this subsection, the
term ``qualified period'' means the period beginning on January 11,
2002, and ending on the date that is 90 days after the date of
enactment of this Act.
(d) Adjustment Assistance for Firms.--
(1) In general.--Notwithstanding subsection (a) or any other
provision of law, including section 285 of the Trade Act of 1974,
and except as provided in paragraph (2), any firm that would have
been eligible to receive adjustment assistance under chapter 3 of
title II of the Trade Act if 1974 during the qualified period if
such chapter 3 had been in effect during such period, shall be
eligible to receive adjustment assistance under chapter 3 of title
II of the Trade Act of 1974, as in effect on September 30, 2001,
for any week during the qualified period for which the firm meets
the eligibility requirements of such chapter 3 as in effect on
September 30, 2001.
(2) Qualified period.--For purposes of this subsection, the
term ``qualified period'' means the period beginning on October 1,
2001, and ending on the date that is 90 days after the date of
enactment of this Act.

4e605f3a6c6fd7a6a0d60a1987661fc18e9786f91120ed39bada50b9719c8fe1

TRADE READJUSTMENT ALLOWANCE OR A BENEFIT FROM THE
PENSION BENEFIT GUARANTY CORPORATION.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 35 as section 36 and inserting
after section 34 the following new section:
``SEC. 35. HEALTH INSURANCE COSTS OF ELIGIBLE INDIVIDUALS.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by subtitle A an amount
equal to 65 percent of the amount paid by the taxpayer for coverage of
the taxpayer and qualifying family members under qualified health
insurance for eligible coverage months beginning in the taxable year.
``(b) Eligible Coverage Month.--For purposes of this section--
``(1) In general.--The term `eligible coverage month' means any
month if--
``(A) as of the first day of such month, the taxpayer--
``(i) is an eligible individual,
``(ii) is covered by qualified health insurance, the
premium for which is paid by the taxpayer,
``(iii) does not have other specified coverage, and
``(iv) is not imprisoned under Federal, State, or local
authority, and
``(B) such month begins more than 90 days after the date of
the enactment of the Trade Act of 2002.
``(2) Joint returns.--In the case of a joint return, the
requirements of paragraph (1)(A) shall be treated as met with
respect to any month if at least 1 spouse satisfies such
requirements.
``(c) Eligible Individual.--For purposes of this section--
``(1) In general.--The term `eligible individual' means--
``(A) an eligible TAA recipient,
``(B) an eligible alternative TAA recipient, and
``(C) an eligible PBGC pension recipient.
``(2) Eligible taa recipient.--The term `eligible TAA
recipient' means, with respect to any month, any individual who is
receiving for any day of such month a trade readjustment allowance
under chapter 2 of title II of the Trade Act of 1974 or who would
be eligible to receive such allowance if section 231 of such Act
were applied without regard to subsection (a)(3)(B) of such
section. An individual shall continue to be treated as an eligible
TAA recipient during the first month that such individual would
otherwise cease to be an eligible TAA recipient by reason of the
preceding sentence.
``(3) Eligible alternative taa recipient.--The term `eligible
alternative TAA recipient' means, with respect to any month, any
individual who--
``(A) is a worker described in section 246(a)(3)(B) of the
Trade Act of 1974 who is participating in the program
established under section 246(a)(1) of such Act, and
``(B) is receiving a benefit for such month under section
246(a)(2) of such Act.
An individual shall continue to be treated as an eligible
alternative TAA recipient during the first month that such
individual would otherwise cease to be an eligible alternative TAA
recipient by reason of the preceding sentence.
``(4) Eligible pbgc pension recipient.--The term `eligible PBGC
pension recipient' means, with respect to any month, any individual
who--
``(A) has attained age 55 as of the first day of such
month, and
``(B) is receiving a benefit for such month any portion of
which is paid by the Pension Benefit Guaranty Corporation under
title IV of the Employee Retirement Income Security Act of
1974.
``(d) Qualifying Family Member.--For purposes of this section--
``(1) In general.--The term `qualifying family member' means--
``(A) the taxpayer's spouse, and
``(B) any dependent of the taxpayer with respect to whom
the taxpayer is entitled to a deduction under section 151(c).
Such term does not include any individual who has other specified
coverage.
``(2) Special dependency test in case of divorced parents,
etc.--If paragraph (2) or (4) of section 152(e) applies to any
child with respect to any calendar year, in the case of any taxable
year beginning in such calendar year, such child shall be treated
as described in paragraph (1)(B) with respect to the custodial
parent (within the meaning of section 152(e)(1)) and not with
respect to the noncustodial parent.
``(e) Qualified Health Insurance.--For purposes of this section--
``(1) In general.--The term `qualified health insurance' means
any of the following:
``(A) Coverage under a COBRA continuation provision (as
defined in section 9832(d)(1)).
``(B) State-based continuation coverage provided by the
State under a State law that requires such coverage.
``(C) Coverage offered through a qualified State high risk
pool (as defined in section 2744(c)(2) of the Public Health
Service Act).
``(D) Coverage under a health insurance program offered for
State employees.
``(E) Coverage under a State-based health insurance program
that is comparable to the health insurance program offered for
State employees.
``(F) Coverage through an arrangement entered into by a
State and--
``(i) a group health plan (including such a plan which
is a multiemployer plan as defined in section 3(37) of the
Employee Retirement Income Security Act of 1974),
``(ii) an issuer of health insurance coverage,
``(iii) an administrator, or
``(iv) an employer.
``(G) Coverage offered through a State arrangement with a
private sector health care coverage purchasing pool.
``(H) Coverage under a State-operated health plan that does
not receive any Federal financial participation.
``(I) Coverage under a group health plan that is available
through the employment of the eligible individual's spouse.
``(J) In the case of any eligible individual and such
individual's qualifying family members, coverage under
individual health insurance if the eligible individual was
covered under individual health insurance during the entire 30-
day period that ends on the date that such individual became
separated from the employment which qualified such individual
for--
``(i) in the case of an eligible TAA recipient, the
allowance described in subsection (c)(2),
``(ii) in the case of an eligible alternative TAA
recipient, the benefit described in subsection (c)(3)(B),
or
``(iii) in the case of any eligible PBGC pension
recipient, the benefit described in subsection (c)(4)(B).
For purposes of this subparagraph, the term `individual health
insurance' means any insurance which constitutes medical care
offered to individuals other than in connection with a group
health plan and does not include Federal- or State-based health
insurance coverage.
``(2) Requirements for state-based coverage.--
``(A) In general.--The term `qualified health insurance'
does not include any coverage described in subparagraphs (B)
through (H) of paragraph (1) unless the State involved has
elected to have such coverage treated as qualified health
insurance under this section and such coverage meets the
following requirements:
``(i) Guaranteed issue.--Each qualifying individual is
guaranteed enrollment if the individual pays the premium
for enrollment or provides a qualified health insurance
costs credit eligibility certificate described in section
7527 and pays the remainder of such premium.
``(ii) No imposition of preexisting condition
exclusion.--No pre-existing condition limitations are
imposed with respect to any qualifying individual.
``(iii) Nondiscriminatory premium.--The total premium
(as determined without regard to any subsidies) with
respect to a qualifying individual may not be greater than
the total premium (as so determined) for a similarly
situated individual who is not a qualifying individual.
``(iv) Same benefits.--Benefits under the coverage are
the same as (or substantially similar to) the benefits
provided to similarly situated individuals who are not
qualifying individuals.
``(B) Qualifying individual.--For purposes of this
paragraph, the term `qualifying individual' means--
``(i) an eligible individual for whom, as of the date
on which the individual seeks to enroll in the coverage
described in subparagraphs (B) through (H) of paragraph
(1), the aggregate of the periods of creditable coverage
(as defined in section 9801(c)) is 3 months or longer and
who, with respect to any month, meets the requirements of
clauses (iii) and (iv) of subsection (b)(1)(A); and
``(ii) the qualifying family members of such eligible
individual.
``(3) Exception.--The term `qualified health insurance' shall
not include--
``(A) a flexible spending or similar arrangement, and
``(B) any insurance if substantially all of its coverage is
of excepted benefits described in section 9832(c).
``(f) Other Specified Coverage.--For purposes of this section, an
individual has other specified coverage for any month if, as of the
first day of such month--
``(1) Subsidized coverage.--
``(A) In general.--Such individual is covered under any
insurance which constitutes medical care (except insurance
substantially all of the coverage of which is of excepted
benefits described in section 9832(c)) under any health plan
maintained by any employer (or former employer) of the taxpayer
or the taxpayer's spouse and at least 50 percent of the cost of
such coverage (determined under section 4980B) is paid or
incurred by the employer.
``(B) Eligible alternative taa recipients.--In the case of
an eligible alternative TAA recipient, such individual is
either--
``(i) eligible for coverage under any qualified health
insurance (other than insurance described in subparagraph
(A), (B), or (F) of subsection (e)(1)) under which at least
50 percent of the cost of coverage (determined under
section 4980B(f)(4)) is paid or incurred by an employer (or
former employer) of the taxpayer or the taxpayer's spouse,
or
``(ii) covered under any such qualified health
insurance under which any portion of the cost of coverage
(as so determined) is paid or incurred by an employer (or
former employer) of the taxpayer or the taxpayer's spouse.
``(C) Treatment of cafeteria plans.--For purposes of
subparagraphs (A) and (B), the cost of coverage shall be
treated as paid or incurred by an employer to the extent the
coverage is in lieu of a right to receive cash or other
qualified benefits under a cafeteria plan (as defined in
section 125(d)).
``(2) Coverage under medicare, medicaid, or schip.--Such
individual--
``(A) is entitled to benefits under part A of title XVIII
of the Social Security Act or is enrolled under part B of such
title, or
``(B) is enrolled in the program under title XIX or XXI of
such Act (other than under section 1928 of such Act).
``(3) Certain other coverage.--Such individual--
``(A) is enrolled in a health benefits plan under chapter
89 of title 5, United States Code, or
``(B) is entitled to receive benefits under chapter 55 of
title 10, United States Code.
``(g) Special Rules.--
``(1) Coordination with advance payments of credit.--With
respect to any taxable year, the amount which would (but for this
subsection) be allowed as a credit to the taxpayer under subsection
(a) shall be reduced (but not below zero) by the aggregate amount
paid on behalf of such taxpayer under section 7527 for months
beginning in such taxable year.
``(2) Coordination with other deductions.--Amounts taken into
account under subsection (a) shall not be taken into account in
determining any deduction allowed under section 162(l) or 213.
``(3) MSA distributions.--Amounts distributed from an Archer
MSA (as defined in section 220(d)) shall not be taken into account
under subsection (a).
``(4) Denial of credit to dependents.--No credit shall be
allowed under this section to any individual with respect to whom a
deduction under section 151 is allowable to another taxpayer for a
taxable year beginning in the calendar year in which such
individual's taxable year begins.
``(5) Both spouses eligible individuals.--The spouse of the
taxpayer shall not be treated as a qualifying family member for
purposes of subsection (a), if--
``(A) the taxpayer is married at the close of the taxable
year,
``(B) the taxpayer and the taxpayer's spouse are both
eligible individuals during the taxable year, and
``(C) the taxpayer files a separate return for the taxable
year.
``(6) Marital status; certain married individuals living
apart.--Rules similar to the rules of paragraphs (3) and (4) of
section 21(e) shall apply for purposes of this section.
``(7) Insurance which covers other individuals.--For purposes
of this section, rules similar to the rules of section 213(d)(6)
shall apply with respect to any contract for qualified health
insurance under which amounts are payable for coverage of an
individual other than the taxpayer and qualifying family members.
``(8) Treatment of payments.--For purposes of this section--
``(A) Payments by secretary.--Payments made by the
Secretary on behalf of any individual under section 7527
(relating to advance payment of credit for health insurance
costs of eligible individuals) shall be treated as having been
made by the taxpayer on the first day of the month for which
such payment was made.
``(B) Payments by taxpayer.--Payments made by the taxpayer
for eligible coverage months shall be treated as having been
made by the taxpayer on the first day of the month for which
such payment was made.
``(9) Regulations.--The Secretary may prescribe such
regulations and other guidance as may be necessary or appropriate
to carry out this section, section 6050T, and section 7527.''.
(b) Promotion of State High Risk Pools.--Title XXVII of the Public
Health Service Act is amended by inserting after section 2744 the
following new section:
``SEC. 2745. PROMOTION OF QUALIFIED HIGH RISK POOLS.
``(a) Seed Grants to States.--The Secretary shall provide from the
funds appropriated under subsection (c)(1) a grant of up to $1,000,000
to each State that has not created a qualified high risk pool as of the
date of the enactment of this section for the State's costs of creation
and initial operation of such a pool.
``(b) Matching Funds for Operation of Pools.--
``(1) In general.--In the case of a State that has established
a qualified high risk pool that--
``(A) restricts premiums charged under the pool to no more
than 150 percent of the premium for applicable standard risk
rates;
``(B) offers a choice of two or more coverage options
through the pool; and
``(C) has in effect a mechanism reasonably designed to
ensure continued funding of losses incurred by the State after
the end of fiscal year 2004 in connection with operation of the
pool;
the Secretary shall provide, from the funds appropriated under
subsection (c)(2) and allotted to the State under paragraph (2), a
grant of up to 50 percent of the losses incurred by the State in
connection with the operation of the pool.
``(2) Allotment.--The amounts appropriated under subsection
(c)(2) for a fiscal year shall be made available to the States in
accordance with a formula that is based upon the number of
uninsured individuals in the States.
``(c) Funding.--Out of any money in the Treasury of the United
States not otherwise appropriated, there are authorized and
appropriated--
``(1) $20,000,000 for fiscal year 2003 to carry out subsection
(a); and
``(2) $40,000,000 for each of fiscal years 2003 and 2004 to
carry out subsection (b).
Funds appropriated under this subsection for a fiscal year shall remain
available for obligation through the end of the following fiscal year.
Nothing in this section shall be construed as providing a State with an
entitlement to a grant under this section.
``(d) Qualified High Risk Pool and State Defined.--For purposes of
this section, the term `qualified high risk pool' has the meaning given
such term in section 2744(c)(2) and the term `State' means any of the
50 States and the District of Columbia.''.
(c) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United States
Code, is amended by inserting before the period ``, or from section
35 of such Code''.
(2) The table of sections for subpart C of part IV of chapter 1
of the Internal Revenue Code of 1986 is amended by striking the
last item and inserting the following new items:
``Sec. 35. Health insurance costs of eligible individuals.
``Sec. 36. Overpayments of tax.''.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2001.
(2) State high risk pools.--The amendment made by subsection
(b) shall take effect on the date of the enactment of this Act.

91e96f6f308603f073a9a94af6699ebe70278befb2d47b4daff15d4d7afbe512

ELIGIBLE INDIVIDUALS.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986
(relating to miscellaneous provisions) is amended by adding at the end
the following new section:
``SEC. 7527. ADVANCE PAYMENT OF CREDIT FOR HEALTH INSURANCE COSTS OF
ELIGIBLE INDIVIDUALS.
``(a) General Rule.--Not later than August 1, 2003, the Secretary
shall establish a program for making payments on behalf of certified
individuals to providers of qualified health insurance (as defined in
section 35(e)) for such individuals.
``(b) Limitation on Advance Payments During any Taxable Year.--The
Secretary may make payments under subsection (a) only to the extent
that the total amount of such payments made on behalf of any individual
during the taxable year does not exceed 65 percent of the amount paid
by the taxpayer for coverage of the taxpayer and qualifying family
members under qualified health insurance for eligible coverage months
beginning in the taxable year.
``(c) Certified Individual.--For purposes of this section, the term
`certified individual' means any individual for whom a qualified health
insurance costs credit eligibility certificate is in effect.
``(d) Qualified Health Insurance Costs Credit Eligibility
Certificate.--For purposes of this section, the term `qualified health
insurance costs credit eligibility certificate' means any written
statement that an individual is an eligible individual (as defined in
section 35(c)) if such statement provides such information as the
Secretary may require for purposes of this section and--
``(1) in the case of an eligible TAA recipient (as defined in
section 35(c)(2)) or an eligible alternative TAA recipient (as
defined in section 35(c)(3)), is certified by the Secretary of
Labor (or by any other person or entity designated by the
Secretary), or
``(2) in the case of an eligible PBGC pension recipient (as
defined in section 35(c)(4)), is certified by the Pension Benefit
Guaranty Corporation (or by any other person or entity designated
by the Secretary).''.
(b) Disclosure of Return Information for Purposes of Carrying out a
Program for Advance Payment of Credit for Health Insurance Costs of
Eligible Individuals.--
(1) In general.--Subsection (l) of section 6103 of such Code
(relating to disclosure of returns and return information for
purposes other than tax administration) is amended by adding at the
end the following new paragraph:
``(18) Disclosure of return information for purposes of
carrying out a program for advance payment of credit for health
insurance costs of eligible individuals.--The Secretary may
disclose to providers of health insurance for any certified
individual (as defined in section 7527(c)) return information with
respect to such certified individual only to the extent necessary
to carry out the program established by section 7527 (relating to
advance payment of credit for health insurance costs of eligible
individuals).''.
(2) Procedures and recordkeeping related to disclosures.--
Subsection (p) of such section is amended--
(A) in paragraph (3)(A) by striking ``or (17)'' and
inserting ``(17), or (18)'', and
(B) in paragraph (4) by inserting ``or (17)'' after ``any
other person described in subsection (l)(16)'' each place it
appears.
(3) Unauthorized inspection of returns or return information.--
Section 7213A(a)(1)(B) of such Code is amended by striking
``section 6103(n)'' and inserting ``subsection (l)(18) or (n) of
section 6103''.
(c) Information Reporting.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 of the Internal Revenue Code of 1986 (relating to
information concerning transactions with other persons) is amended
by inserting after section 6050S the following new section:
``SEC. 6050T. RETURNS RELATING TO CREDIT FOR HEALTH INSURANCE COSTS OF
ELIGIBLE INDIVIDUALS.
``(a) Requirement of Reporting.--Every person who is entitled to
receive payments for any month of any calendar year under section 7527
(relating to advance payment of credit for health insurance costs of
eligible individuals) with respect to any certified individual (as
defined in section 7527(c)) shall, at such time as the Secretary may
prescribe, make the return described in subsection (b) with respect to
each such individual.
``(b) Form and Manner of Returns.--A return is described in this
subsection if such return--
``(1) is in such form as the Secretary may prescribe, and
``(2) contains--
``(A) the name, address, and TIN of each individual
referred to in subsection (a),
``(B) the number of months for which amounts were entitled
to be received with respect to such individual under section
7527 (relating to advance payment of credit for health
insurance costs of eligible individuals),
``(C) the amount entitled to be received for each such
month, and
``(D) such other information as the Secretary may
prescribe.
``(c) Statements To Be Furnished to Individuals With Respect to
Whom Information Is Required.--Every person required to make a return
under subsection (a) shall furnish to each individual whose name is
required to be set forth in such return a written statement showing--
``(1) the name and address of the person required to make such
return and the phone number of the information contact for such
person, and
``(2) the information required to be shown on the return with
respect to such individual.
The written statement required under the preceding sentence shall be
furnished on or before January 31 of the year following the calendar
year for which the return under subsection (a) is required to be
made.''.
(2) Assessable penalties.--
(A) Subparagraph (B) of section 6724(d)(1) of such Code
(relating to definitions) is amended by redesignating clauses
(xi) through (xvii) as clauses (xii) through (xviii),
respectively, and by inserting after clause (x) the following
new clause:
``(xi) section 6050T (relating to returns relating to
credit for health insurance costs of eligible
individuals),''.
(B) Paragraph (2) of section 6724(d) of such Code is
amended by striking ``or'' at the end of subparagraph (Z), by
striking the period at the end of subparagraph (AA) and
inserting ``, or'', and by adding after subparagraph (AA) the
following new subparagraph:
``(BB) section 6050T (relating to returns relating to
credit for health insurance costs of eligible individuals).''.
(d) Clerical Amendments.--
(1) Advance payment.--The table of sections for chapter 77 of
the Internal Revenue Code of 1986 is amended by adding at the end
the following new item:
``Sec. 7527. Advance payment of credit for health insurance
costs of eligible individuals.''.
(2) Information reporting.--The table of sections for subpart B
of part III of subchapter A of chapter 61 of such Code is amended
by inserting after the item relating to section 6050S the following
new item:
``Sec. 6050T. Returns relating to credit for health insurance
costs of eligible individuals.''.
(e) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.

0ec12d996cab3bb3030addfd1d01fc903a7506905b460bc3b7969167a32ae2ab

58e2578830fc0403dd6fa196edd4a1919a838ccfc766393d6e5330dcc2b162a6

This Act may be cited as the ``Customs Border Security Act of
2002''.
Subtitle A--United States Customs Service
CHAPTER 1--DRUG ENFORCEMENT AND OTHER NONCOMMERCIAL AND COMMERCIAL
OPERATIONS

1bbc1d1892b2aac0ecee1c314096722decfd9f252fb8e6ec70ca03315e172b5f

COMMERCIAL OPERATIONS, AND AIR AND MARINE INTERDICTION.
(a) Noncommercial Operations.--Section 301(b)(1) of the Customs
Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1))
is amended--
(1) by striking subparagraph (A), and inserting the following:
``(A) $1,365,456,000 for fiscal year 2003.''; and
(2) by striking subparagraph (B), and inserting the following:
``(B) $1,399,592,400 for fiscal year 2004.''.
(b) Commercial Operations.--
(1) In general.--Section 301(b)(2)(A) of the Customs Procedural
Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(2)(A)) is
amended--
(A) by striking clause (i), and inserting the following:
``(i) $1,642,602,000 for fiscal year 2003.''; and
(B) by striking clause (ii), and inserting the following:
``(ii) $1,683,667,050 for fiscal year 2004.''.
(2) Automated commercial environment computer system.--Of the
amount made available for each of fiscal years 2003 and 2004 under
section 301(b)(2)(A) of the Customs Procedural Reform and
Simplification Act of 1978 (19 U.S.C. 2075(b)(2)(A)), as amended by
paragraph (1), $308,000,000 shall be available until expended for
each such fiscal year for the development, establishment, and
implementation of the Automated Commercial Environment computer
system.
(3) Reports.--Not later than 90 days after the date of the
enactment of this Act, and not later than the end of each
subsequent 90-day period, the Commissioner of Customs shall prepare
and submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a report
demonstrating that the development and establishment of the
Automated Commercial Environment computer system is being carried
out in a cost-effective manner and meets the modernization
requirements of title VI of the North American Free Trade Agreement
Implementation Act.
(c) Air and Marine Interdiction.--Section 301(b)(3) of the Customs
Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(3))
is amended--
(1) by striking subparagraph (A), and inserting the following:
``(A) $170,829,000 for fiscal year 2003.''; and
(2) by striking subparagraph (B), and inserting the following:
``(B) $175,099,725 for fiscal year 2004.''.
(d) Submission of Out-Year Budget Projections.--Section 301(a) of
the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C.
2075(a)) is amended by adding at the end the following:
``(3) By not later than the date on which the President submits to
Congress the budget of the United States Government for a fiscal year,
the Commissioner of Customs shall submit to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate the projected amount of funds for the succeeding fiscal year
that will be necessary for the operations of the Customs Service as
provided for in subsection (b).''.

ca87f48949f1f8145a416d136e09e7a5c4f53ea2ad60d40fc5b40ad516201e64

THE UNITED STATES-MEXICO BORDER, UNITED STATES-CANADA
BORDER, AND FLORIDA AND THE GULF COAST SEAPORTS.
(a) Fiscal Year 2003.--Of the amounts made available for fiscal
year 2003 under section 301(b)(1)(A) of the Customs Procedural Reform
and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as amended by
section 311(a) of this Act, $90,244,000 shall be available until
expended for acquisition and other expenses associated with
implementation and deployment of antiterrorist and illicit narcotics
detection equipment along the United States-Mexico border, the United
States-Canada border, and Florida and the Gulf Coast seaports, as
follows:
(1) United states-mexico border.--For the United States-Mexico
border, the following:
(A) $6,000,000 for 8 Vehicle and Container Inspection
Systems (VACIS).
(B) $11,200,000 for 5 mobile truck x-rays with transmission
and backscatter imaging.
(C) $13,000,000 for the upgrade of 8 fixed-site truck x-
rays from the present energy level of 450,000 electron volts to
1,000,000 electron volts (1-MeV).
(D) $7,200,000 for 8 1-MeV pallet x-rays.
(E) $1,000,000 for 200 portable contraband detectors
(busters) to be distributed among ports where the current
allocations are inadequate.
(F) $600,000 for 50 contraband detection kits to be
distributed among all southwest border ports based on traffic
volume.
(G) $500,000 for 25 ultrasonic container inspection units
to be distributed among all ports receiving liquid-filled cargo
and to ports with a hazardous material inspection facility.
(H) $2,450,000 for 7 automated targeting systems.
(I) $360,000 for 30 rapid tire deflator systems to be
distributed to those ports where port runners are a threat.
(J) $480,000 for 20 portable Treasury Enforcement
Communications Systems (TECS) terminals to be moved among ports
as needed.
(K) $1,000,000 for 20 remote watch surveillance camera
systems at ports where there are suspicious activities at
loading docks, vehicle queues, secondary inspection lanes, or
areas where visual surveillance or observation is obscured.
(L) $1,254,000 for 57 weigh-in-motion sensors to be
distributed among the ports with the greatest volume of
outbound traffic.
(M) $180,000 for 36 AM traffic information radio stations,
with 1 station to be located at each border crossing.
(N) $1,040,000 for 260 inbound vehicle counters to be
installed at every inbound vehicle lane.
(O) $950,000 for 38 spotter camera systems to counter the
surveillance of customs inspection activities by persons
outside the boundaries of ports where such surveillance
activities are occurring.
(P) $390,000 for 60 inbound commercial truck transponders
to be distributed to all ports of entry.
(Q) $1,600,000 for 40 narcotics vapor and particle
detectors to be distributed to each border crossing.
(R) $400,000 for license plate reader automatic targeting
software to be installed at each port to target inbound
vehicles.
(2) United states-canada border.--For the United States-Canada
border, the following:
(A) $3,000,000 for 4 Vehicle and Container Inspection
Systems (VACIS).
(B) $8,800,000 for 4 mobile truck x-rays with transmission
and backscatter imaging.
(C) $3,600,000 for 4 1-MeV pallet x-rays.
(D) $250,000 for 50 portable contraband detectors (busters)
to be distributed among ports where the current allocations are
inadequate.
(E) $300,000 for 25 contraband detection kits to be
distributed among ports based on traffic volume.
(F) $240,000 for 10 portable Treasury Enforcement
Communications Systems (TECS) terminals to be moved among ports
as needed.
(G) $400,000 for 10 narcotics vapor and particle detectors
to be distributed to each border crossing based on traffic
volume.
(3) Florida and gulf coast seaports.--For Florida and the Gulf
Coast seaports, the following:
(A) $4,500,000 for 6 Vehicle and Container Inspection
Systems (VACIS).
(B) $11,800,000 for 5 mobile truck x-rays with transmission
and backscatter imaging.
(C) $7,200,000 for 8 1-MeV pallet x-rays.
(D) $250,000 for 50 portable contraband detectors (busters)
to be distributed among ports where the current allocations are
inadequate.
(E) $300,000 for 25 contraband detection kits to be
distributed among ports based on traffic volume.
(b) Fiscal Year 2004.--Of the amounts made available for fiscal
year 2004 under section 301(b)(1)(B) of the Customs Procedural Reform
and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(B)), as amended by
section 311(a) of this Act, $9,000,000 shall be available until
expended for the maintenance and support of the equipment and training
of personnel to maintain and support the equipment described in
subsection (a).
(c) Acquisition of Technologically Superior Equipment; Transfer of
Funds.--
(1) In general.--The Commissioner of Customs may use amounts
made available for fiscal year 2003 under section 301(b)(1)(A) of
the Customs Procedural Reform and Simplification Act of 1978 (19
U.S.C. 2075(b)(1)(A)), as amended by section 311(a) of this Act,
for the acquisition of equipment other than the equipment described
in subsection (a) if such other equipment--
(A)(i) is technologically superior to the equipment
described in subsection (a); and
(ii) will achieve at least the same results at a cost that
is the same or less than the equipment described in subsection
(a); or
(B) can be obtained at a lower cost than the equipment
described in subsection (a).
(2) Transfer of funds.--Notwithstanding any other provision of
this section, the Commissioner of Customs may reallocate an amount
not to exceed 10 percent of--
(A) the amount specified in any of subparagraphs (A)
through (R) of subsection (a)(1) for equipment specified in any
other of such subparagraphs (A) through (R);
(B) the amount specified in any of subparagraphs (A)
through (G) of subsection (a)(2) for equipment specified in any
other of such subparagraphs (A) through (G); and
(C) the amount specified in any of subparagraphs (A)
through (E) of subsection (a)(3) for equipment specified in any
other of such subparagraphs (A) through (E).

955988fb6e15fe24d75885359c24871bc6b75cefc71b111e4ab5421c517e3dd7

As part of the annual performance plan for each of the fiscal years
2003 and 2004 covering each program activity set forth in the budget of
the United States Customs Service, as required under section 1115 of
title 31, United States Code, the Commissioner of Customs shall
establish performance goals and performance indicators, and shall
comply with all other requirements contained in paragraphs (1) through
(6) of subsection (a) of such section with respect to each of the
activities to be carried out pursuant to section 312.
CHAPTER 2--CHILD CYBER-SMUGGLING CENTER OF THE CUSTOMS SERVICE

85c592bf65542778e8399b418ba06b124bda26317c33907e0a3baf96152da8a1

PORNOGRAPHY/CHILD SEXUAL EXPLOITATION.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Customs Service $10,000,000 for fiscal year 2003 to
carry out the program to prevent child pornography/child sexual
exploitation established by the Child Cyber-Smuggling Center of the
Customs Service.
(b) Use of Amounts for Child Pornography Cyber Tipline.--Of the
amount appropriated under subsection (a), the Customs Service shall
provide 3.75 percent of such amount to the National Center for Missing
and Exploited Children for the operation of the child pornography cyber
tipline of the Center and for increased public awareness of the
tipline.
CHAPTER 3--MISCELLANEOUS PROVISIONS

e9f5116871c905ad8f62d6d2c2b2e3f786fe200c7dc0b740848992cc9c175da6

BORDER.
Of the amount made available for fiscal year 2003 under paragraphs
(1) and (2)(A) of section 301(b) of the Customs Procedural Reform and
Simplification Act of 1978 (19 U.S.C. 2075(b)), as amended by section
311 of this Act, $28,300,000 shall be available until expended for the
Customs Service to hire approximately 285 additional Customs Service
officers to address the needs of the offices and ports along the United
States-Canada border.

94961448c5f617f1f40e5b25ec421ffe7866f4475bf238db6ef02c72d425be59

CUSTOMS SERVICE.
(a) Study.--The Commissioner of Customs shall conduct a study of
current personnel practices of the Customs Service, including an
overview of performance standards and the effect and impact of the
collective bargaining process on drug interdiction efforts of the
Customs Service and a comparison of duty rotation policies of the
Customs Service and other Federal agencies that employ similarly
situated personnel.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Commissioner of Customs shall submit to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report containing the results of
the study conducted under subsection (a).

5b37382f28a82b4a20212fa6d566c65706ea56bb175e20d43b482bc12e977d2b

PROCEDURES OF THE CUSTOMS SERVICE.
(a) Study.--(1) The Commissioner of Customs shall conduct a study
of actions by the Customs Service to ensure that appropriate training
is being provided to Customs Service personnel who are responsible for
financial auditing of importers.
(2) In conducting the study, the Commissioner--
(A) shall specifically identify those actions taken to comply
with provisions of law that protect the privacy and trade secrets
of importers, such as section 552(b) of title 5, United States
Code, and section 1905 of title 18, United States Code; and
(B) shall provide for public notice and comment relating to
verification of the actions described in subparagraph (A).
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Commissioner of Customs shall submit to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report containing the results of
the study conducted under subsection (a).

2e4e7e075a279b4f6d3122b2cba2cbc6ac5e0ca35946a1a6d55ea0c049be357b

REPORTS.
(a) Establishment and Implementation.--
(1) In general.--Not later than September 30, 2003, the
Commissioner of Customs shall, in accordance with the audit of the
Customs Service's fiscal years 2000 and 1999 financial statements
(as contained in the report of the Office of the Inspector General
of the Department of the Treasury issued on February 23, 2001),
establish and implement a cost accounting system for expenses
incurred in both commercial and noncommercial operations of the
Customs Service.
(2) Additional requirement.--The cost accounting system
described in paragraph (1) shall provide for an identification of
expenses based on the type of operation, the port at which the
operation took place, the amount of time spent on the operation by
personnel of the Customs Service, and an identification of expenses
based on any other appropriate classification necessary to provide
for an accurate and complete accounting of the expenses.
(b) Reports.--Beginning on the date of the enactment of this Act
and ending on the date on which the cost accounting system described in
subsection (a) is fully implemented, the Commissioner of Customs shall
prepare and submit to Congress on a quarterly basis a report on the
progress of implementing the cost accounting system pursuant to
subsection (a).

cfe1c77a6febc37e31f5facb41ecfc07e609b35c3c2291cab850cc85aca1c909

RULINGS.
(a) Study.--The Comptroller General shall conduct a study on the
extent to which the Office of Regulations and Rulings of the Customs
Service has made improvements to decrease the amount of time to issue
prospective rulings from the date on which a request for the ruling is
received by the Customs Service.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit to the Committee on
Ways and Means of the House of Representatives and the Committee on
Finance of the Senate a report containing the results of the study
conducted under subsection (a).
(c) Definition.--In this section, the term ``prospective ruling''
means a ruling that is requested by an importer on goods that are
proposed to be imported into the United States and that relates to the
proper classification, valuation, or marking of such goods.

808f673acfe267f228fae11b1f96117b30032eeb292a4e8926ac817cd0cf72fa

(a) Study.--The Comptroller General shall conduct a study on the
extent to which the amount of each customs user fee imposed under
section 13031(a) of the Consolidated Omnibus Budget Reconciliation Act
of 1985 (19 U.S.C. 58c(a)) is commensurate with the level of services
provided by the Customs Service relating to the fee so imposed.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report in classified form
containing--
(1) the results of the study conducted under subsection (a);
and
(2) recommendations for the appropriate amount of the customs
user fees if such results indicate that the fees are not
commensurate with the level of services provided by the Customs
Service.

0b500faf957505d20545fe7a08e0d458626c860330cc113981f1fa305c66cfdf

(a) In General.--Section 13031(b)(9) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9)) is amended as
follows:
(1) In subparagraph (A)--
(A) in the matter preceding clause (i), by striking ``the
processing of merchandise that is informally entered or
released'' and inserting ``the processing of letters,
documents, records, shipments, merchandise, or any other item
that is valued at an amount that is less than $2,000 (or such
higher amount as the Secretary of the Treasury may set by
regulation pursuant to section 498 of the Tariff Act of 1930),
except such items entered for transportation and exportation or
immediate exportation''; and
(B) by striking clause (ii), and inserting the following:
``(ii) Subject to the provisions of subparagraph (B),
in the case of an express consignment carrier facility or
centralized hub facility, $.66 per individual airway bill
or bill of lading.''.
(2) By redesignating subparagraph (B) as subparagraph (C) and
inserting after subparagraph (A) the following:
``(B)(i) Beginning in fiscal year 2004, the Secretary of
the Treasury may adjust (not more than once per fiscal year)
the amount described in subparagraph (A)(ii) to an amount that
is not less than $.35 and not more than $1.00 per individual
airway bill or bill of lading. The Secretary shall provide
notice in the Federal Register of a proposed adjustment under
the preceding sentence and the reasons therefor and shall allow
for public comment on the proposed adjustment.
``(ii) Notwithstanding section 451 of the Tariff Act of
1930, the payment required by subparagraph (A)(ii) shall be the
only payment required for reimbursement of the Customs Service
in connection with the processing of an individual airway bill
or bill of lading in accordance with such subparagraph and for
providing services at express consignment carrier facilities or
centralized hub facilities, except that the Customs Service may
require such facilities to cover expenses of the Customs
Service for adequate office space, equipment, furnishings,
supplies, and security.
``(iii)(I) The payment required by subparagraph (A)(ii) and
clause (ii) of this subparagraph shall be paid on a quarterly
basis by the carrier using the facility to the Customs Service
in accordance with regulations prescribed by the Secretary of
the Treasury.
``(II) 50 percent of the amount of payments received under
subparagraph (A)(ii) and clause (ii) of this subparagraph
shall, in accordance with section 524 of the Tariff Act of
1930, be deposited in the Customs User Fee Account and shall be
used to directly reimburse each appropriation for the amount
paid out of that appropriation for the costs incurred in
providing services to express consignment carrier facilities or
centralized hub facilities. Amounts deposited in accordance
with the preceding sentence shall be available until expended
for the provision of customs services to express consignment
carrier facilities or centralized hub facilities.
``(III) Notwithstanding section 524 of the Tariff Act of
1930, the remaining 50 percent of the amount of payments
received under subparagraph (A)(ii) and clause (ii) of this
subparagraph shall be paid to the Secretary of the Treasury,
which is in lieu of the payment of fees under subsection
(a)(10) of this section.''.
(b) Effective Date.--The amendments made by subsection (a) take
effect on October 1, 2002.

eca7785a84baf367edbb854107794d78522634a0f47bc435699713ee27fbdf91

Section 411(b) of the Tariff Act of 1930 (19 U.S.C. 1411(b)) is
amended by striking the second sentence and inserting the following:
``The Secretary may, by regulation, require the electronic submission
of information described in subsection (a) or any other information
required to be submitted to the Customs Service separately pursuant to
this subpart.''.

839bf62732565bb4f879671775e4a98f774788bf38be939368472f4d1c3e902c

There are authorized to be appropriated to the Department of
Treasury such sums as may be necessary to provide an increase in the
annual rate of basic pay--
(1) for all journeyman Customs inspectors and Canine
Enforcement Officers who have completed at least one year's service
and are receiving an annual rate of basic pay for positions at GS-9
of the General Schedule under section 5332 of title 5, United
States Code, from the annual rate of basic pay payable for
positions at GS-9 of the General Schedule under such section 5332,
to an annual rate of basic pay payable for positions at GS-11 of
the General Schedule under such section 5332; and
(2) for the support staff associated with the personnel
described in subparagraph (A), at the appropriate GS level of the
General Schedule under such section 5332.
CHAPTER 4--ANTITERRORISM PROVISIONS

b8c851da2295ac722906aaf7c2c34f79c7704ffe32c3abc943f9b383235d3112

(a) Immunity.--Section 3061 of the Revised Statutes (19 U.S.C. 482)
is amended--
(1) by striking ``Any of the officers'' and inserting ``(a) Any
of the officers''; and
(2) by adding at the end the following:
``(b) Any officer or employee of the United States conducting a
search of a person pursuant to subsection (a) shall not be held liable
for any civil damages as a result of such search if the officer or
employee performed the search in good faith and used reasonable means
while effectuating such search.''.
(b) Requirement To Post Policy and Procedures for Searches of
Passengers.--Not later than 30 days after the date of the enactment of
this Act, the Commissioner of Customs shall ensure that at each Customs
border facility appropriate notice is posted that provides a summary of
the policy and procedures of the Customs Service for searching
passengers, including a statement of the policy relating to the
prohibition on the conduct of profiling of passengers based on gender,
race, color, religion, or ethnic background.

d8823e7dd131d7e964a2202290faef2bb79ac959d513c9b69303a867e7ca21c1

OF THE CUSTOMS SERVICE.
Section 318 of the Tariff Act of 1930 (19 U.S.C. 1318) is amended--
(1) by striking ``Whenever the President'' and inserting ``(a)
Whenever the President''; and
(2) by adding at the end the following:
``(b)(1) Notwithstanding any other provision of law, the Secretary
of the Treasury, when necessary to respond to a national emergency
declared under the National Emergencies Act (50 U.S.C. 1601 et seq.) or
to a specific threat to human life or national interests, is authorized
to take the following actions on a temporary basis:
``(A) Eliminate, consolidate, or relocate any office or port of
entry of the Customs Service.
``(B) Modify hours of service, alter services rendered at any
location, or reduce the number of employees at any location.
``(C) Take any other action that may be necessary to respond
directly to the national emergency or specific threat.
``(2) Notwithstanding any other provision of law, the Commissioner
of Customs, when necessary to respond to a specific threat to human
life or national interests, is authorized to close temporarily any
Customs office or port of entry or take any other lesser action that
may be necessary to respond to the specific threat.
``(3) The Secretary of the Treasury or the Commissioner of Customs,
as the case may be, shall notify the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate not
later than 72 hours after taking any action under paragraph (1) or
(2).''.

6616fc83f15849a89df6110e19da95c9bf22cc17681ead9c496df8174eff58d7

IMPROVED CUSTOMS REPORTING PROCEDURES.
(a) Cargo Information.--
(1) In general.--Subject to paragraphs (2) and (3), not later
than 1 year after the date of enactment of this Act, the Secretary
shall promulgate regulations providing for the transmission to the
Customs Service, through an electronic data interchange system, of
information pertaining to cargo destined for importation into the
United States or exportation from the United States, prior to such
importation or exportation.
(2) Information required.--The information required by the
regulations promulgated pursuant to paragraph (1) under the
parameters set forth in paragraph (3) shall be such information as
the Secretary determines to be reasonably necessary to ensure
aviation, maritime, and surface transportation safety and security
pursuant to those laws enforced and administered by the Customs
Service.
(3) Parameters.--In developing regulations pursuant to
paragraph (1), the Secretary shall adhere to the following
parameters:
(A) The Secretary shall solicit comments from and consult
with a broad range of parties likely to be affected by the
regulations, including importers, exporters, carriers, customs
brokers, and freight forwarders, among other interested
parties.
(B) In general, the requirement to provide particular
information shall be imposed on the party most likely to have
direct knowledge of that information. Where requiring
information from the party with direct knowledge of that
information is not practicable, the regulations shall take into
account how, under ordinary commercial practices, information
is acquired by the party on which the requirement is imposed,
and whether and how such party is able to verify the
information. Where information is not reasonably verifiable by
the party on which a requirement is imposed, the regulations
shall permit that party to transmit information on the basis of
what it reasonably believes to be true.
(C) The Secretary shall take into account the existence of
competitive relationships among the parties on which
requirements to provide particular information are imposed.
(D) Where the regulations impose requirements on carriers
of cargo, they shall take into account differences among
different modes of transportation, including differences in
commercial practices, operational characteristics, and
technological capacity to collect and transmit information
electronically.
(E) The regulations shall take into account the extent to
which the technology necessary for parties to transmit and the
Customs Service to receive and analyze data in a timely fashion
is available. To the extent that the Secretary determines that
the necessary technology will not be widely available to
particular modes of transportation or other affected parties
until after promulgation of the regulations, the regulations
shall provide interim requirements appropriate for the
technology that is available at the time of promulgation.
(F) The information collected pursuant to the regulations
shall be used exclusively for ensuring aviation, maritime, and
surface transportation safety and security, and shall not be
used for determining entry or for any other commercial
enforcement purposes.
(G) The regulations shall protect the privacy of business
proprietary and any other confidential information provided to
the Customs Service. However, this parameter does not repeal,
amend, or otherwise modify other provisions of law relating to
the public disclosure of information transmitted to the Customs
Service.
(H) In determining the timing for transmittal of any
information, the Secretary shall balance likely impact on flow
of commerce with impact on aviation, maritime, and surface
transportation safety and security. With respect to
requirements that may be imposed on carriers of cargo, the
timing for transmittal of information shall take into account
differences among different modes of transportation, as
described in subparagraph (D).
(I) Where practicable, the regulations shall avoid imposing
requirements that are redundant with one another or that are
redundant with requirements in other provisions of law.
(J) The Secretary shall determine whether it is appropriate
to provide transition periods between promulgation of the
regulations and the effective date of the regulations and shall
prescribe such transition periods in the regulations, as
appropriate. The Secretary may determine that different
transition periods are appropriate for different classes of
affected parties.
(K) With respect to requirements imposed on carriers, the
Secretary, in consultation with the Postmaster General, shall
determine whether it is appropriate to impose the same or
similar requirements on shipments by the United States Postal
Service. If the Secretary determines that such requirements are
appropriate, then they shall be set forth in the regulations.
(L) Not later than 60 days prior to promulgation of the
regulations, the Secretary shall transmit to the Committees on
Finance and Commerce, Science, and Transportation of the Senate
and the Committees on Ways and Means and Transportation and
Infrastructure of the House of Representatives a report setting
forth--
(i) the proposed regulations;
(ii) an explanation of how particular requirements in
the proposed regulations meet the needs of aviation,
maritime, and surface transportation safety and security;
(iii) an explanation of how the Secretary expects the
proposed regulations to affect the commercial practices of
affected parties; and
(iv) an explanation of how the proposed regulations
address particular comments received from interested
parties.
(b) Documentation of Waterborne Cargo.--Part II of title IV of the
Tariff Act of 1930 is amended by inserting after section 431 the
following new section:
``SEC. 431A. DOCUMENTATION OF WATERBORNE CARGO.
``(a) Applicability.--This section shall apply to all cargo to be
exported that is moved by a vessel carrier from a port in the United
States.
``(b) Documentation Required.--(1) No shipper of cargo subject to
this section (including an ocean transportation intermediary that is a
non-vessel-operating common carrier (as defined in section 3(17)(B) of
the Shipping Act of 1984 (46 U.S.C. App. 1702(17)(B)) may tender or
cause to be tendered to a vessel carrier cargo subject to this section
for loading on a vessel in a United States port, unless such cargo is
properly documented pursuant to this subsection.
``(2) For the purposes of this subsection, cargo shall be
considered properly documented if the shipper submits to the vessel
carrier or its agent a complete set of shipping documents no later than
24 hours after the cargo is delivered to the marine terminal operator,
but under no circumstances later than 24 hours prior to departure of
the vessel.
``(3) A complete set of shipping documents shall include--
``(A) for shipments for which a shipper's export declaration is
required, a copy of the export declaration or, if the shipper files
such declarations electronically in the Automated Export System,
the complete bill of lading, and the master or equivalent shipping
instructions, including the Internal Transaction Number (ITN); or
``(B) for shipments for which a shipper's export declaration is
not required, a shipper's export declaration exemption statement
and such other documents or information as the Secretary may by
regulation prescribe.
``(4) The Secretary shall by regulation prescribe the time, manner,
and form by which shippers shall transmit documents or information
required under this subsection to the Customs Service.
``(c) Loading Undocumented Cargo Prohibited.--
``(1) No marine terminal operator (as defined in section 3(14)
of the Shipping Act of 1984 (46 U.S.C. App. 1702(14))) may load, or
cause to be loaded, any cargo subject to this section on a vessel
unless instructed by the vessel carrier operating the vessel that
such cargo has been properly documented in accordance with this
section.
``(2) When cargo is booked by 1 vessel carrier to be
transported on the vessel of another vessel carrier, the booking
carrier shall notify the operator of the vessel that the cargo has
been properly documented in accordance with this section. The
operator of the vessel may rely on such notification in releasing
the cargo for loading aboard the vessel.
``(d) Reporting of Undocumented Cargo.--A vessel carrier shall
notify the Customs Service of any cargo tendered to such carrier that
is not properly documented pursuant to this section and that has
remained in the marine terminal for more than 48 hours after being
delivered to the marine terminal, and the location of the cargo in the
marine terminal. For vessel carriers that are members of vessel sharing
agreements (or any other arrangement whereby a carrier moves cargo on
another carrier's vessel), the vessel carrier accepting the booking
shall be responsible for reporting undocumented cargo, without regard
to whether it operates the vessel on which the transportation is to be
made.
``(e) Assessment of Penalties.--Whoever is found to have violated
subsection (b) of this section shall be liable to the United States for
civil penalties in a monetary amount up to the value of the cargo, or
the actual cost of the transportation, whichever is greater.
``(f) Seizure of Undocumented Cargo.--
``(1) Any cargo that is not properly documented pursuant to
this section and has remained in the marine terminal for more than
48 hours after being delivered to the marine terminal operator
shall be subject to search, seizure, and forfeiture.
``(2) The shipper of any such cargo is liable to the marine
terminal operator and to the ocean carrier for demurrage and other
applicable charges for any undocumented cargo which has been
notified to or searched or seized by the Customs Service for the
entire period the cargo remains under the order and direction of
the Customs Service. Unless the cargo is seized by the Customs
Service and forfeited, the marine terminal operator and the ocean
carrier shall have a lien on the cargo for the amount of the
demurrage and other charges.
``(g) Effect on Other Provisions.--Nothing in this section shall be
construed, interpreted, or applied to relieve or excuse any party from
compliance with any obligation or requirement arising under any other
law, regulation, or order with regard to the documentation or carriage
of cargo.''.
(c) Secretary.--For purposes of this section, the term
``Secretary'' means the Secretary of the Treasury. If, at the time the
regulations required by subsection (a)(1) are promulgated, the Customs
Service is no longer located in the Department of the Treasury, then
the Secretary of the Treasury shall exercise the authority under
subsection (a) jointly with the Secretary of the Department in which
the Customs Service is located.
SEC. 343A. SECURE SYSTEMS OF TRANSPORTATION.
(a) Joint Task Force.--The Secretary of the Treasury shall
establish a joint task force to evaluate, prototype, and certify secure
systems of transportation. The joint task force shall be comprised of
officials from the Department of Transportation and the Customs
Service, and any other officials that the Secretary deems appropriate.
The task force shall establish a program to evaluate and certify secure
systems of international intermodal transport no later than 1 year
after the date of enactment of this Act. The task force shall solicit
and consider input from a broad range of interested parties.
(b) Program Requirements.--At a minimum the program referred to in
subsection (a) shall require certified systems of international
intermodal transport to be significantly more secure than existing
transportation programs, and the program shall--
(1) establish standards and a process for screening and
evaluating cargo prior to import into or export from the United
States;
(2) establish standards and a process for a system of securing
cargo and monitoring it while in transit;
(3) establish standards and a process for allowing the United
States Government to ensure and validate compliance with the
program elements; and
(4) include any other elements that the task force deems
necessary to ensure the security and integrity of the international
intermodal transport movements.
(c) Recognition of Certified Systems.--
(1) Secretary of the Treasury.--The Secretary of the Treasury
shall recognize certified systems of intermodal transport in the
requirements of a national security plan for United States
seaports, and in the provisions requiring planning to reopen United
States ports for commerce.
(2) Commissioner of Customs.--The Commissioner of Customs shall
recognize certified systems of intermodal transport in the
evaluation of cargo risk for purposes of United States imports and
exports.
(d) Report.--Within 1 year after the program described in
subsection (a) is implemented, the Secretary of the Treasury shall
transmit a report to the Committees on Commerce, Science, and
Transportation and Finance of the Senate and the Committees on
Transportation and Infrastructure and Ways and Means of the House of
Representatives that--
(1) evaluates the program and its requirements;
(2) states the Secretary's views as to whether any procedure,
system, or technology evaluated as part of the program offers a
higher level of security than under existing procedures;
(3) states the Secretary's views as to the integrity of the
procedures, technology, or systems evaluated as part of the
program; and
(4) makes a recommendation with respect to whether the program,
or any procedure, system, or technology should be incorporated in a
nationwide system for certified systems of intermodal transport.

5c1d3bdb83ebbd1442c92238da90527240cc09825e2f714e2e5f0ec6e4b57df3

MAIL.
(a) In General.--The Tariff Act of 1930 is amended by inserting
after section 582 the following:
``SEC. 583. EXAMINATION OF OUTBOUND MAIL.
``(a) Examination.--
``(1) In general.--For purposes of ensuring compliance with the
Customs laws of the United States and other laws enforced by the
Customs Service, including the provisions of law described in
paragraph (2), a Customs officer may, subject to the provisions of
this section, stop and search at the border, without a search
warrant, mail of domestic origin transmitted for export by the
United States Postal Service and foreign mail transiting the United
States that is being imported or exported by the United States
Postal Service.
``(2) Provisions of law described.--The provisions of law
described in this paragraph are the following:
``(A) Section 5316 of title 31, United States Code
(relating to reports on exporting and importing monetary
instruments).
``(B) Sections 1461, 1463, 1465, and 1466, and chapter 110
of title 18, United States Code (relating to obscenity and
child pornography).
``(C) Section 1003 of the Controlled Substances Import and
Export Act (relating to exportation of controlled substances)
(21 U.S.C. 953).
``(D) The Export Administration Act of 1979 (50 U.S.C. App.
2401 et seq.).
``(E) Section 38 of the Arms Export Control Act (22 U.S.C.
2778).
``(F) The International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.).
``(b) Search of Mail Not Sealed Against Inspection and Other
Mail.--Mail not sealed against inspection under the postal laws and
regulations of the United States, mail which bears a Customs
declaration, and mail with respect to which the sender or addressee has
consented in writing to search, may be searched by a Customs officer.
``(c) Search of Mail Sealed Against Inspection Weighing in Excess
of 16 Ounces.--
``(1) In general.--Mail weighing in excess of 16 ounces sealed
against inspection under the postal laws and regulations of the United
States may be searched by a Customs officer, subject to paragraph (2),
if there is reasonable cause to suspect that such mail contains one or
more of the following:
``(A) Monetary instruments, as defined in section 1956 of title
18, United States Code.
``(B) A weapon of mass destruction, as defined in section
2332a(b) of title 18, United States Code.
``(C) A drug or other substance listed in schedule I, II, III,
or IV in section 202 of the Controlled Substances Act (21 U.S.C.
812).
``(D) National defense and related information transmitted in
violation of any of sections 793 through 798 of title 18, United
States Code.
``(E) Merchandise mailed in violation of section 1715 or 1716
of title 18, United States Code.
``(F) Merchandise mailed in violation of any provision of
chapter 71 (relating to obscenity) or chapter 110 (relating to
sexual exploitation and other abuse of children) of title 18,
United States Code.
``(G) Merchandise mailed in violation of the Export
Administration Act of 1979 (50 U.S.C. App. 2401 et seq.).
``(H) Merchandise mailed in violation of section 38 of the Arms
Export Control Act (22 U.S.C. 2778).
``(I) Merchandise mailed in violation of the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
``(J) Merchandise mailed in violation of the Trading with the
Enemy Act (50 U.S.C. App. 1 et seq.).
``(K) Merchandise subject to any other law enforced by the
Customs Service.
``(2) Limitation.--No person acting under the authority of
paragraph (1) shall read, or authorize any other person to read,
any correspondence contained in mail sealed against inspection
unless prior to so reading--
``(A) a search warrant has been issued pursuant to rule 41
of the Federal Rules of Criminal Procedure; or
``(B) the sender or addressee has given written
authorization for such reading.
``(d) Search of Mail Sealed Against Inspection Weighing 16 Ounces
or Less.--Notwithstanding any other provision of this section,
subsection (a)(1) shall not apply to mail weighing 16 ounces or less
sealed against inspection under the postal laws and regulations of the
United States.''.
(b) Certification by Secretary.--Not later than 3 months after the
date of enactment of this section, the Secretary of State shall
determine whether the application of section 583 of the Tariff Act of
1930 to foreign mail transiting the United States that is imported or
exported by the United States Postal Service is being handled in a
manner consistent with international law and any international
obligation of the United States. Section 583 of such Act shall not
apply to such foreign mail unless the Secretary certifies to Congress
that the application of such section 583 is consistent with
international law and any international obligation of the United
States.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take effect
on the date of enactment of this Act.
(2) Certification with respect to foreign mail.--The provisions
of section 583 of the Tariff Act of 1930 relating to foreign mail
transiting the United States that is imported or exported by the
United States Postal Service shall not take effect until the
Secretary of State certifies to Congress, pursuant to subsection
(b), that the application of such section 583 is consistent with
international law and any international obligation of the United
States.

b5e4a39a86e6732d10d9819730d08b8cb2ee3a8576589fbdfcc9b9b56cee4ba7

CUSTOMS OPERATIONS IN NEW YORK CITY.
(a) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated for the
reestablishment of operations of the Customs Service in New York,
New York, such sums as may be necessary for fiscal year 2003.
(2) Operations described.--The operations referred to in
paragraph (1) include, but are not limited to, the following:
(A) Operations relating to the Port Director of New York
City, the New York Customs Management Center (including the
Director of Field Operations), and the Special Agent-In-Charge
for New York.
(B) Commercial operations, including textile enforcement
operations and salaries and expenses of--
(i) trade specialists who determine the origin and
value of merchandise;
(ii) analysts who monitor the entry data into the
United States of textiles and textile products; and
(iii) Customs officials who work with foreign
governments to examine textile makers and verify entry
information.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until expended.
CHAPTER 5--TEXTILE TRANSSHIPMENT PROVISIONS

11fa3e0247eaeb4bd25ad11b0286c695f2ff336d1d71bb4bd62b5e6d717cdded

SERVICE.
(a) GAO Audit.--The Comptroller General of the United States shall
conduct an audit of the system established and carried out by the
Customs Service to monitor transshipment.
(b) Report.--Not later than 9 months after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on Ways
and Means of the House of Representatives and Committee on Finance of
the Senate a report that contains the results of the study conducted
under subsection (a), including recommendations for improvements to the
transshipment monitoring system if applicable.
(c) Transshipment Described.--Transshipment within the meaning of
this section has occurred when preferential treatment under any
provision of law has been claimed for a textile or apparel article on
the basis of material false information concerning the country of
origin, manufacture, processing, or assembly of the article or any of
its components. For purposes of the preceding sentence, false
information is material if disclosure of the true information would
mean or would have meant that the article is or was ineligible for
preferential treatment under the provision of law in question.

433a5feebb9ff5f646538ce8f9982d5c9e1aad2be686b02d09ff40bb4527f96b

ENFORCEMENT OPERATIONS.
(a) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated for
transshipment (as described in section 351(c)) enforcement
operations, outreach, and education of the Customs Service
$9,500,000 for fiscal year 2003.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are authorized
to remain available until expended.
(b) Use of Funds.--Of the amount appropriated pursuant to the
authorization of appropriations under subsection (a), the following
amounts are authorized to be made available for the following purposes:
(1) Import specialists.--$1,463,000 for 21 Customs import
specialists to be assigned to selected ports for documentation
review to support detentions and exclusions and 1 additional
Customs import specialist assigned to the Customs headquarters
textile program to administer the program and provide oversight.
(2) Inspectors.--$652,080 for 10 Customs inspectors to be
assigned to selected ports to examine targeted high-risk shipments.
(3) Investigators.--(A) $1,165,380 for 10 investigators to be
assigned to selected ports to investigate instances of smuggling,
quota and trade agreement circumvention, and use of counterfeit
visas to enter inadmissible goods.
(B) $149,603 for 1 investigator to be assigned to the Customs
headquarters textile program to coordinate and ensure
implementation of textile production verification team results from
an investigation perspective.
(4) International trade specialists.--$226,500 for 3
international trade specialists to be assigned to Customs
headquarters to be dedicated to illegal textile transshipment
policy issues, outreach, education, and other free trade agreement
enforcement issues.
(5) Permanent import specialists for hong kong.--$500,000 for 2
permanent import specialist positions and $500,000 for 2
investigators to be assigned to Hong Kong to work with Hong Kong
and other government authorities in Southeast Asia to assist such
authorities in pursuing proactive enforcement of bilateral trade
agreements.
(6) Various permanent trade positions.--$3,500,000 for the
following:
(A) 2 permanent positions to be assigned to the Customs
attache office in Central America to address trade enforcement
issues for that region.
(B) 2 permanent positions to be assigned to the Customs
attache office in South Africa to address trade enforcement
issues pursuant to the African Growth and Opportunity Act
(title I of Public Law 106-200).
(C) 4 permanent positions to be assigned to the Customs
attache office in Mexico to address the threat of illegal
textile transshipment through Mexico and other related issues
under the North American Free Trade Agreement Act.
(D) 2 permanent positions to be assigned to the Customs
attache office in Seoul, South Korea, to address the trade
issues in the geographic region.
(E) 2 permanent positions to be assigned to the proposed
Customs attache office in New Delhi, India, to address the
threat of illegal textile transshipment and other trade
enforcement issues.
(F) 2 permanent positions to be assigned to the Customs
attache office in Rome, Italy, to address trade enforcement
issues in the geographic region, including issues under free
trade agreements with Jordan and Israel.
(7) Attorneys.--$179,886 for 2 attorneys for the Office of the
Chief Counsel of the Customs Service to pursue cases regarding
illegal textile transshipment.
(8) Auditors.--$510,000 for 6 Customs auditors to perform
internal control reviews and document and record reviews of suspect
importers.
(9) Additional travel funds.--$250,000 for deployment of
additional textile production verification teams to sub-Saharan
Africa.
(10) Training.--(A) $75,000 for training of Customs personnel.
(B) $200,000 for training for foreign counterparts in risk
management analytical techniques and for teaching factory
inspection techniques, model law development, and enforcement
techniques.
(11) Outreach.--$60,000 for outreach efforts to United States
importers.

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Of the amount made available for fiscal year 2003 under section
301(b)(2)(A) of the Customs Procedural Reform and Simplification Act of
1978 (19 U.S.C. 2075(b)(2)(A)), as amended by section 311(b)(1) of this
Act, $1,317,000 shall be available until expended for the Customs
Service to provide technical assistance to help sub-Saharan African
countries develop and implement effective visa and anti-transshipment
systems as required by the African Growth and Opportunity Act (title I
of Public Law 106-200), as follows:
(1) Travel funds.--$600,000 for import specialists, special
agents, and other qualified Customs personnel to travel to sub-
Saharan African countries to provide technical assistance in
developing and implementing effective visa and anti-transshipment
systems.
(2) Import specialists.--$266,000 for 4 import specialists to
be assigned to Customs headquarters to be dedicated to providing
technical assistance to sub-Saharan African countries for
developing and implementing effective visa and anti-transshipment
systems.
(3) Data reconciliation analysts.--$151,000 for 2 data
reconciliation analysts to review apparel shipments.
(4) Special agents.--$300,000 for 2 special agents to be
assigned to Customs headquarters to be available to provide
technical assistance to sub-Saharan African countries in the
performance of investigations and other enforcement initiatives.
Subtitle B--Office of the United States Trade Representative

eb08022d97565ba86cc6c1069003fc1a64f1b8a9693bada1806d3ccb3dc8dcee

(a) In General.--Section 141(g)(1) of the Trade Act of 1974 (19
U.S.C. 2171(g)(1)) is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking ``not
to exceed'';
(B) by striking clause (i), and inserting the following:
``(i) $32,300,000 for fiscal year 2003.''; and
(C) by striking clause (ii), and inserting the following:
``(ii) $33,108,000 for fiscal year 2004.''; and
(2) in subparagraph (B)--
(A) in clause (i), by adding ``and'' at the end;
(B) by striking clause (ii); and
(C) by redesignating clause (iii) as clause (ii).
(b) Submission of Out-Year Budget Projections.--Section 141(g) of
the Trade Act of 1974 (19 U.S.C. 2171(g)) is amended by adding at the
end the following:
``(3) By not later than the date on which the President submits to
Congress the budget of the United States Government for a fiscal year,
the United States Trade Representative shall submit to the Committee on
Ways and Means of the House of Representatives and the Committee on
Finance of the Senate the projected amount of funds for the succeeding
fiscal year that will be necessary for the Office to carry out its
functions.''.
(c) Additional Staff for Office of Assistant U.S. Trade
Representative for Congressional Affairs.--
(1) In general.--There is authorized to be appropriated such
sums as may be necessary for fiscal year 2003 for the salaries and
expenses of two additional legislative specialist employee
positions within the Office of the Assistant United States Trade
Representative for Congressional Affairs.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are authorized
to remain available until expended.
Subtitle C--United States International Trade Commission

300f53c174015685b522899e36b803f08887cd54433d259a5fe99cecb03018ec

(a) In General.--Section 330(e)(2)(A) of the Tariff Act of 1930 (19
U.S.C. 1330(e)(2)(A)) is amended--
(1) by striking clause (i), and inserting the following:
``(i) $54,000,000 for fiscal year 2003.''; and
(2) by striking clause (ii), and inserting the following:
``(ii) $57,240,000 for fiscal year 2004.''.
(b) Submission of Out-Year Budget Projections.--Section 330(e) of
the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended by adding at
the end the following:
``(4) By not later than the date on which the President submits to
Congress the budget of the United States Government for a fiscal year,
the Commission shall submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate the
projected amount of funds for the succeeding fiscal year that will be
necessary for the Commission to carry out its functions.''.
Subtitle D--Other trade provisions

cbf954f543d914729f2c90d69c796a9705ebbd5bf1f2155f07acc39f036a5362

ACQUIRED ABROAD BY UNITED STATES RESIDENTS.
(a) In General.--Subheading 9804.00.65 of the Harmonized Tariff
Schedule of the United States is amended in the article description
column by striking ``$400'' and inserting ``$800''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 90 days after the date of the enactment of this Act.

d2abad2e2e8c657d71d4b22d6dc8689328291c6350a06b1117ed69a76c4f7d67

Section 509(b) of the Tariff Act of 1930 (19 U.S.C. 1509(b)) is
amended by adding at the end the following:
``(6)(A) If during the course of any audit concluded under this
subsection, the Customs Service identifies overpayments of duties
or fees or over-declarations of quantities or values that are
within the time period and scope of the audit that the Customs
Service has defined, then in calculating the loss of revenue or
monetary penalties under section 592, the Customs Service shall
treat the overpayments or over-declarations on finally liquidated
entries as an offset to any underpayments or underdeclarations also
identified on finally liquidated entries, if such overpayments or
over-declarations were not made by the person being audited for the
purpose of violating any provision of law.
``(B) Nothing in this paragraph shall be construed to authorize
a refund not otherwise authorized under section 520.''.

08320993d1b78f182931e7c2e8ba37c451a0c6b862a6063be9eea4753167e182

Section 505(a) of the Tariff Act of 1930 (19 U.S.C. 1505(a)) is
amended to read as follows:
``(a) Deposit of Estimated Duties and Fees.--Unless the entry is
subject to a periodic payment or the merchandise is entered for
warehouse or transportation, or under bond, the importer of record
shall deposit with the Customs Service at the time of entry, or at such
later time as the Secretary may prescribe by regulation (but not later
than 10 working days after entry or release) the amount of duties and
fees estimated to be payable on such merchandise. As soon as a periodic
payment module of the Automated Commercial Environment is developed,
but no later than October 1, 2004, a participating importer of record,
or the importer's filer, may deposit estimated duties and fees for
entries of merchandise no later than the 15th day of the month
following the month in which the merchandise is entered or released,
whichever comes first.''.

0dd41b380c270b2e934a1265f13af30858a4f6c116b216287bcfd0bdf768f14d

(a) Short Title.--This title may be cited as the ``Bipartisan Trade
Promotion Authority Act of 2002''.
(b) Findings.--The Congress makes the following findings:
(1) The expansion of international trade is vital to the
national security of the United States. Trade is critical to the
economic growth and strength of the United States and to its
leadership in the world. Stable trading relationships promote
security and prosperity. Trade agreements today serve the same
purposes that security pacts played during the Cold War, binding
nations together through a series of mutual rights and obligations.
Leadership by the United States in international trade fosters open
markets, democracy, and peace throughout the world.
(2) The national security of the United States depends on its
economic security, which in turn is founded upon a vibrant and
growing industrial base. Trade expansion has been the engine of
economic growth. Trade agreements maximize opportunities for the
critical sectors and building blocks of the economy of the United
States, such as information technology, telecommunications and
other leading technologies, basic industries, capital equipment,
medical equipment, services, agriculture, environmental technology,
and intellectual property. Trade will create new opportunities for
the United States and preserve the unparalleled strength of the
United States in economic, political, and military affairs. The
United States, secured by expanding trade and economic
opportunities, will meet the challenges of the twenty-first
century.
(3) Support for continued trade expansion requires that dispute
settlement procedures under international trade agreements not add
to or diminish the rights and obligations provided in such
agreements. Therefore--
(A) the recent pattern of decisions by dispute settlement
panels of the WTO and the Appellate Body to impose obligations
and restrictions on the use of antidumping, countervailing, and
safeguard measures by WTO members under the Antidumping
Agreement, the Agreement on Subsidies and Countervailing
Measures, and the Agreement on Safeguards has raised concerns;
and
(B) the Congress is concerned that dispute settlement
panels of the WTO and the Appellate Body appropriately apply
the standard of review contained in Article 17.6 of the
Antidumping Agreement, to provide deference to a permissible
interpretation by a WTO member of provisions of that Agreement,
and to the evaluation by a WTO member of the facts where that
evaluation is unbiased and objective and the establishment of
the facts is proper.

1daaca4daf6ab2769be094652bd54f33a09390edd72c7b320a5277debdf99bfa

0bff2faac6a1be0096ad4bb54bbc37289b7a8c3016e23b06e863041afda6d505

(a) Agreements Regarding Tariff Barriers.--
(1) In general.--Whenever the President determines that one or
more existing duties or other import restrictions of any foreign
country or the United States are unduly burdening and restricting
the foreign trade of the United States and that the purposes,
policies, priorities, and objectives of this title will be promoted
thereby, the President--
(A) may enter into trade agreements with foreign countries
before--
(i) June 1, 2005; or
(ii) June 1, 2007, if trade authorities procedures are
extended under subsection (c); and
(B) may, subject to paragraphs (2) and (3), proclaim--
(i) such modification or continuance of any existing
duty,
(ii) such continuance of existing duty-free or excise
treatment, or
(iii) such additional duties,
as the President determines to be required or appropriate to
carry out any such trade agreement.
The President shall notify the Congress of the President's
intention to enter into an agreement under this subsection.
(2) Limitations.--No proclamation may be made under paragraph
(1) that--
(A) reduces any rate of duty (other than a rate of duty
that does not exceed 5 percent ad valorem on the date of the
enactment of this Act) to a rate of duty which is less than 50
percent of the rate of such duty that applies on such date of
enactment;
(B) reduces the rate of duty below that applicable under
the Uruguay Round Agreements, on any import sensitive
agricultural product; or
(C) increases any rate of duty above the rate that applied
on the date of the enactment of this Act.
(3) Aggregate reduction; exemption from staging.--
(A) Aggregate reduction.--Except as provided in
subparagraph (B), the aggregate reduction in the rate of duty
on any article which is in effect on any day pursuant to a
trade agreement entered into under paragraph (1) shall not
exceed the aggregate reduction which would have been in effect
on such day if--
(i) a reduction of 3 percent ad valorem or a reduction
of one-tenth of the total reduction, whichever is greater,
had taken effect on the effective date of the first
reduction proclaimed under paragraph (1) to carry out such
agreement with respect to such article; and
(ii) a reduction equal to the amount applicable under
clause (i) had taken effect at 1-year intervals after the
effective date of such first reduction.
(B) Exemption from staging.--No staging is required under
subparagraph (A) with respect to a duty reduction that is
proclaimed under paragraph (1) for an article of a kind that is
not produced in the United States. The United States
International Trade Commission shall advise the President of
the identity of articles that may be exempted from staging
under this subparagraph.
(4) Rounding.--If the President determines that such action
will simplify the computation of reductions under paragraph (3),
the President may round an annual reduction by an amount equal to
the lesser of--
(A) the difference between the reduction without regard to
this paragraph and the next lower whole number; or
(B) one-half of 1 percent ad valorem.
(5) Other limitations.--A rate of duty reduction that may not
be proclaimed by reason of paragraph (2) may take effect only if a
provision authorizing such reduction is included within an
implementing bill provided for under section 2105 and that bill is
enacted into law.
(6) Other tariff modifications.--Notwithstanding paragraphs
(1)(B), (2)(A), (2)(C), and (3) through (5), and subject to the
consultation and layover requirements of section 115 of the Uruguay
Round Agreements Act, the President may proclaim the modification
of any duty or staged rate reduction of any duty set forth in
Schedule XX, as defined in section 2(5) of that Act, if the United
States agrees to such modification or staged rate reduction in a
negotiation for the reciprocal elimination or harmonization of
duties under the auspices of the World Trade Organization.
(7) Authority under uruguay round agreements act not
affected.--Nothing in this subsection shall limit the authority
provided to the President under section 111(b) of the Uruguay Round
Agreements Act (19 U.S.C. 3521(b)).
(b) Agreements Regarding Tariff and Nontariff Barriers.--
(1) In general.--(A) Whenever the President determines that--
(i) one or more existing duties or any other import
restriction of any foreign country or the United States or any
other barrier to, or other distortion of, international trade
unduly burdens or restricts the foreign trade of the United
States or adversely affects the United States economy, or
(ii) the imposition of any such barrier or distortion is
likely to result in such a burden, restriction, or effect,
and that the purposes, policies, priorities, and objectives of this
title will be promoted thereby, the President may enter into a
trade agreement described in subparagraph (B) during the period
described in subparagraph (C).
(B) The President may enter into a trade agreement under
subparagraph (A) with foreign countries providing for--
(i) the reduction or elimination of a duty, restriction,
barrier, or other distortion described in subparagraph (A); or
(ii) the prohibition of, or limitation on the imposition
of, such barrier or other distortion.
(C) The President may enter into a trade agreement under this
paragraph before--
(i) June 1, 2005; or
(ii) June 1, 2007, if trade authorities procedures are
extended under subsection (c).
(2) Conditions.--A trade agreement may be entered into under
this subsection only if such agreement makes progress in meeting
the applicable objectives described in section 2102(a) and (b) and
the President satisfies the conditions set forth in section 2104.
(3) Bills qualifying for trade authorities procedures.--(A) The
provisions of section 151 of the Trade Act of 1974 (in this title
referred to as ``trade authorities procedures'') apply to a bill of
either House of Congress which contains provisions described in
subparagraph (B) to the same extent as such section 151 applies to
implementing bills under that section. A bill to which this
paragraph applies shall hereafter in this title be referred to as
an ``implementing bill''.
(B) The provisions referred to in subparagraph (A) are--
(i) a provision approving a trade agreement entered into
under this subsection and approving the statement of
administrative action, if any, proposed to implement such trade
agreement; and
(ii) if changes in existing laws or new statutory authority
are required to implement such trade agreement or agreements,
provisions, necessary or appropriate to implement such trade
agreement or agreements, either repealing or amending existing
laws or providing new statutory authority.
(c) Extension Disapproval Process for Congressional Trade
Authorities Procedures.--
(1) In general.--Except as provided in section 2105(b)--
(A) the trade authorities procedures apply to implementing
bills submitted with respect to trade agreements entered into
under subsection (b) before July 1, 2005; and
(B) the trade authorities procedures shall be extended to
implementing bills submitted with respect to trade agreements
entered into under subsection (b) after June 30, 2005, and
before July 1, 2007, if (and only if)--
(i) the President requests such extension under
paragraph (2); and
(ii) neither House of the Congress adopts an extension
disapproval resolution under paragraph (5) before June 1,
2005.
(2) Report to congress by the president.--If the President is
of the opinion that the trade authorities procedures should be
extended to implementing bills described in paragraph (1)(B), the
President shall submit to the Congress, not later than March 1,
2005, a written report that contains a request for such extension,
together with--
(A) a description of all trade agreements that have been
negotiated under subsection (b) and the anticipated schedule
for submitting such agreements to the Congress for approval;
(B) a description of the progress that has been made in
negotiations to achieve the purposes, policies, priorities, and
objectives of this title, and a statement that such progress
justifies the continuation of negotiations; and
(C) a statement of the reasons why the extension is needed
to complete the negotiations.
(3) Other reports to congress.--
(A) Report by the advisory committee.--The President shall
promptly inform the Advisory Committee for Trade Policy and
Negotiations established under section 135 of the Trade Act of
1974 (19 U.S.C. 2155) of the President's decision to submit a
report to the Congress under paragraph (2). The Advisory
Committee shall submit to the Congress as soon as practicable,
but not later than May 1, 2005, a written report that
contains--
(i) its views regarding the progress that has been made
in negotiations to achieve the purposes, policies,
priorities, and objectives of this title; and
(ii) a statement of its views, and the reasons
therefor, regarding whether the extension requested under
paragraph (2) should be approved or disapproved.
(B) Report by itc.--The President shall promptly inform the
International Trade Commission of the President's decision to
submit a report to the Congress under paragraph (2). The
International Trade Commission shall submit to the Congress as
soon as practicable, but not later than May 1, 2005, a written
report that contains a review and analysis of the economic
impact on the United States of all trade agreements implemented
between the date of enactment of this Act and the date on which
the President decides to seek an extension requested under
paragraph (2).
(4) Status of reports.--The reports submitted to the Congress
under paragraphs (2) and (3), or any portion of such reports, may
be classified to the extent the President determines appropriate.
(5) Extension disapproval resolutions.--(A) For purposes of
paragraph (1), the term ``extension disapproval resolution'' means
a resolution of either House of the Congress, the sole matter after
the resolving clause of which is as follows: ``That the ____
disapproves the request of the President for the extension, under
section 2103(c)(1)(B)(i) of the Bipartisan Trade Promotion
Authority Act of 2002, of the trade authorities procedures under
that Act to any implementing bill submitted with respect to any
trade agreement entered into under section 2103(b) of that Act
after June 30, 2005.'', with the blank space being filled with the
name of the resolving House of the Congress.
(B) Extension disapproval resolutions--
(i) may be introduced in either House of the Congress by
any member of such House; and
(ii) shall be referred, in the House of Representatives, to
the Committee on Ways and Means and, in addition, to the
Committee on Rules.
(C) The provisions of section 152(d) and (e) of the Trade Act
of 1974 (19 U.S.C. 2192(d) and (e)) (relating to the floor
consideration of certain resolutions in the House and Senate) apply
to extension disapproval resolutions.
(D) It is not in order for--
(i) the Senate to consider any extension disapproval
resolution not reported by the Committee on Finance;
(ii) the House of Representatives to consider any extension
disapproval resolution not reported by the Committee on Ways
and Means and, in addition, by the Committee on Rules; or
(iii) either House of the Congress to consider an extension
disapproval resolution after June 30, 2005.
(d) Commencement of Negotiations.--In order to contribute to the
continued economic expansion of the United States, the President shall
commence negotiations covering tariff and nontariff barriers affecting
any industry, product, or service sector, and expand existing sectoral
agreements to countries that are not parties to those agreements, in
cases where the President determines that such negotiations are
feasible and timely and would benefit the United States. Such sectors
include agriculture, commercial services, intellectual property rights,
industrial and capital goods, government procurement, information
technology products, environmental technology and services, medical
equipment and services, civil aircraft, and infrastructure products. In
so doing, the President shall take into account all of the principal
negotiating objectives set forth in section 2102(b).

d9410ccd8a69f82aa711d7dcc9d792cee4256b14d2e2e22ca21101d228cfe2e5

(a) Notice and Consultation Before Negotiation.--The President,
with respect to any agreement that is subject to the provisions of
section 2103(b), shall--
(1) provide, at least 90 calendar days before initiating
negotiations, written notice to the Congress of the President's
intention to enter into the negotiations and set forth therein the
date the President intends to initiate such negotiations, the
specific United States objectives for the negotiations, and whether
the President intends to seek an agreement, or changes to an
existing agreement;
(2) before and after submission of the notice, consult
regarding the negotiations with the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives, such other committees of the House and Senate as
the President deems appropriate, and the Congressional Oversight
group convened under section 2107; and
(3) upon the request of a majority of the members of the
Congressional Oversight Group under section 2107(c), meet with the
Congressional Oversight Group before initiating the negotiations or
at any other time concerning the negotiations.
(b) Negotiations Regarding Agriculture.--
(1) In general.--Before initiating or continuing negotiations
the subject matter of which is directly related to the subject
matter under section 2102(b)(10)(A)(i) with any country, the
President shall assess whether United States tariffs on
agricultural products that were bound under the Uruguay Round
Agreements are lower than the tariffs bound by that country. In
addition, the President shall consider whether the tariff levels
bound and applied throughout the world with respect to imports from
the United States are higher than United States tariffs and whether
the negotiation provides an opportunity to address any such
disparity. The President shall consult with the Committee on Ways
and Means and the Committee on Agriculture of the House of
Representatives and the Committee on Finance and the Committee on
Agriculture, Nutrition, and Forestry of the Senate concerning the
results of the assessment, whether it is appropriate for the United
States to agree to further tariff reductions based on the
conclusions reached in the assessment, and how all applicable
negotiating objectives will be met.
(2) Special consultations on import sensitive products.--(A)
Before initiating negotiations with regard to agriculture, and,
with respect to the Free Trade Area for the Americas and
negotiations with regard to agriculture under the auspices of the
World Trade Organization, as soon as practicable after the
enactment of this Act, the United States Trade Representative
shall--
(i) identify those agricultural products subject to tariff-
rate quotas on the date of enactment of this Act, and
agricultural products subject to tariff reductions by the
United States as a result of the Uruguay Round Agreements, for
which the rate of duty was reduced on January 1, 1995, to a
rate which was not less than 97.5 percent of the rate of duty
that applied to such article on December 31, 1994;
(ii) consult with the Committee on Ways and Means and the
Committee on Agriculture of the House of Representatives and
the Committee on Finance and the Committee on Agriculture,
Nutrition, and Forestry of the Senate concerning--
(I) whether any further tariff reductions on the
products identified under clause (i) should be appropriate,
taking into account the impact of any such tariff reduction
on the United States industry producing the product
concerned;
(II) whether the products so identified face
unjustified sanitary or phytosanitary restrictions,
including those not based on scientific principles in
contravention of the Uruguay Round Agreements; and
(III) whether the countries participating in the
negotiations maintain export subsidies or other programs,
policies, or practices that distort world trade in such
products and the impact of such programs, policies, and
practices on United States producers of the products;
(iii) request that the International Trade Commission
prepare an assessment of the probable economic effects of any
such tariff reduction on the United States industry producing
the product concerned and on the United States economy as a
whole; and
(iv) upon complying with clauses (i), (ii), and (iii),
notify the Committee on Ways and Means and the Committee on
Agriculture of the House of Representatives and the Committee
on Finance and the Committee on Agriculture, Nutrition, and
Forestry of the Senate of those products identified under
clause (i) for which the Trade Representative intends to seek
tariff liberalization in the negotiations and the reasons for
seeking such tariff liberalization.
(B) If, after negotiations described in subparagraph (A) are
commenced--
(i) the United States Trade Representative identifies any
additional agricultural product described in subparagraph
(A)(i) for tariff reductions which were not the subject of a
notification under subparagraph (A)(iv), or
(ii) any additional agricultural product described in
subparagraph (A)(i) is the subject of a request for tariff
reductions by a party to the negotiations,
the Trade Representative shall, as soon as practicable, notify the
committees referred to in subparagraph (A)(iv) of those products
and the reasons for seeking such tariff reductions.
(3) Negotiations regarding the fishing industry.--Before
initiating, or continuing, negotiations which directly relate to
fish or shellfish trade with any country, the President shall
consult with the Committee on Ways and Means and the Committee on
Resources of the House of Representatives, and the Committee on
Finance and the Committee on Commerce, Science, and Transportation
of the Senate, and shall keep the Committees apprised of
negotiations on an ongoing and timely basis.
(c) Negotiations Regarding Textiles.--Before initiating or
continuing negotiations the subject matter of which is directly related
to textiles and apparel products with any country, the President shall
assess whether United States tariffs on textile and apparel products
that were bound under the Uruguay Round Agreements are lower than the
tariffs bound by that country and whether the negotiation provides an
opportunity to address any such disparity. The President shall consult
with the Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate concerning the results of
the assessment, whether it is appropriate for the United States to
agree to further tariff reductions based on the conclusions reached in
the assessment, and how all applicable negotiating objectives will be
met.
(d) Consultation With Congress Before Agreements Entered Into.--
(1) Consultation.--Before entering into any trade agreement
under section 2103(b), the President shall consult with--
(A) the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate;
(B) each other committee of the House and the Senate, and
each joint committee of the Congress, which has jurisdiction
over legislation involving subject matters which would be
affected by the trade agreement; and
(C) the Congressional Oversight Group convened under
section 2107.
(2) Scope.--The consultation described in paragraph (1) shall
include consultation with respect to--
(A) the nature of the agreement;
(B) how and to what extent the agreement will achieve the
applicable purposes, policies, priorities, and objectives of
this title; and
(C) the implementation of the agreement under section 2105,
including the general effect of the agreement on existing laws.
(3) Report regarding united states trade remedy laws.--
(A) Changes in certain trade laws.--The President, at least
180 calendar days before the day on which the President enters
into a trade agreement under section 2103(b), shall report to
the Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate--
(i) the range of proposals advanced in the negotiations
with respect to that agreement, that may be in the final
agreement, and that could require amendments to title VII
of the Tariff Act of 1930 or to chapter 1 of title II of
the Trade Act of 1974; and
(ii) how these proposals relate to the objectives
described in section 2102(b)(14).
(B) Certain agreements.--With respect to a trade agreement
entered into with Chile or Singapore, the report referred to in
subparagraph (A) shall be submitted by the President at least
90 calendar days before the day on which the President enters
into that agreement.
(C) Resolutions.--(i) At any time after the transmission of
the report under subparagraph (A), if a resolution is
introduced with respect to that report in either House of
Congress, the procedures set forth in clauses (iii) through
(vi) shall apply to that resolution if--
(I) no other resolution with respect to that report has
previously been reported in that House of Congress by the
Committee on Ways and Means or the Committee on Finance, as
the case may be, pursuant to those procedures; and
(II) no procedural disapproval resolution under section
2105(b) introduced with respect to a trade agreement
entered into pursuant to the negotiations to which the
report under subparagraph (A) relates has previously been
reported in that House of Congress by the Committee on Ways
and Means or the Committee on Finance, as the case may be.
(ii) For purposes of this subparagraph, the term
``resolution'' means only a resolution of either House of
Congress, the matter after the resolving clause of which is as
follows: ``That the ____ finds that the proposed changes to
United States trade remedy laws contained in the report of the
President transmitted to the Congress on ____ under section
2104(d)(3) of the Bipartisan Trade Promotion Authority Act of
2002 with respect to ____, are inconsistent with the
negotiating objectives described in section 2102(b)(14) of that
Act.'', with the first blank space being filled with the name
of the resolving House of Congress, the second blank space
being filled with the appropriate date of the report, and the
third blank space being filled with the name of the country or
countries involved.
(iii) Resolutions in the House of Representatives--
(I) may be introduced by any Member of the House;
(II) shall be referred to the Committee on Ways and
Means and, in addition, to the Committee on Rules; and
(III) may not be amended by either Committee.
(iv) Resolutions in the Senate--
(I) may be introduced by any Member of the Senate;
(II) shall be referred to the Committee on Finance; and
(III) may not be amended.
(iv) It is not in order for the House of Representatives to
consider any resolution that is not reported by the Committee
on Ways and Means and, in addition, by the Committee on Rules.
(v) It is not in order for the Senate to consider any
resolution that is not reported by the Committee on Finance.
(vi) The provisions of section 152(d) and (e) of the Trade
Act of 1974 (19 U.S.C. 2192(d) and (e)) (relating to floor
consideration of certain resolutions in the House and Senate)
shall apply to resolutions.
(e) Advisory Committee Reports.--The report required under section
135(e)(1) of the Trade Act of 1974 regarding any trade agreement
entered into under section 2103(a) or (b) of this Act shall be provided
to the President, the Congress, and the United States Trade
Representative not later than 30 days after the date on which the
President notifies the Congress under section 2103(a)(1) or
2105(a)(1)(A) of the President's intention to enter into the agreement.
(f) ITC Assessment.--
(1) In general.--The President, at least 90 calendar days
before the day on which the President enters into a trade agreement
under section 2103(b), shall provide the International Trade
Commission (referred to in this subsection as ``the Commission'')
with the details of the agreement as it exists at that time and
request the Commission to prepare and submit an assessment of the
agreement as described in paragraph (2). Between the time the
President makes the request under this paragraph and the time the
Commission submits the assessment, the President shall keep the
Commission current with respect to the details of the agreement.
(2) ITC assessment.--Not later than 90 calendar days after the
President enters into the agreement, the Commission shall submit to
the President and the Congress a report assessing the likely impact
of the agreement on the United States economy as a whole and on
specific industry sectors, including the impact the agreement will
have on the gross domestic product, exports and imports, aggregate
employment and employment opportunities, the production,
employment, and competitive position of industries likely to be
significantly affected by the agreement, and the interests of
United States consumers.
(3) Review of empirical literature.--In preparing the
assessment, the Commission shall review available economic
assessments regarding the agreement, including literature regarding
any substantially equivalent proposed agreement, and shall provide
in its assessment a description of the analyses used and
conclusions drawn in such literature, and a discussion of areas of
consensus and divergence between the various analyses and
conclusions, including those of the Commission regarding the
agreement.

9e216c6bdadd4557ce1e4ff966c08bdcc2b78332f09c7bc5f458f44c97e4a4f4

(a) In General.--
(1) Notification and submission.--Any agreement entered into
under section 2103(b) shall enter into force with respect to the
United States if (and only if)--
(A) the President, at least 90 calendar days before the day
on which the President enters into the trade agreement,
notifies the House of Representatives and the Senate of the
President's intention to enter into the agreement, and promptly
thereafter publishes notice of such intention in the Federal
Register;
(B) within 60 days after entering into the agreement, the
President submits to the Congress a description of those
changes to existing laws that the President considers would be
required in order to bring the United States into compliance
with the agreement;
(C) after entering into the agreement, the President
submits to the Congress, on a day on which both Houses of
Congress are in session, a copy of the final legal text of the
agreement, together with--
(i) a draft of an implementing bill described in
section 2103(b)(3);
(ii) a statement of any administrative action proposed
to implement the trade agreement; and
(iii) the supporting information described in paragraph
(2); and
(D) the implementing bill is enacted into law.
(2) Supporting information.--The supporting information
required under paragraph (1)(C)(iii) consists of--
(A) an explanation as to how the implementing bill and
proposed administrative action will change or affect existing
law; and
(B) a statement--
(i) asserting that the agreement makes progress in
achieving the applicable purposes, policies, priorities,
and objectives of this title; and
(ii) setting forth the reasons of the President
regarding--
(I) how and to what extent the agreement makes
progress in achieving the applicable purposes,
policies, and objectives referred to in clause (i);
(II) whether and how the agreement changes
provisions of an agreement previously negotiated;
(III) how the agreement serves the interests of
United States commerce;
(IV) how the implementing bill meets the standards
set forth in section 2103(b)(3); and
(V) how and to what extent the agreement makes
progress in achieving the applicable purposes,
policies, and objectives referred to in section 2102(c)
regarding the promotion of certain priorities.
(3) Reciprocal benefits.--In order to ensure that a foreign
country that is not a party to a trade agreement entered into under
section 2103(b) does not receive benefits under the agreement
unless the country is also subject to the obligations under the
agreement, the implementing bill submitted with respect to the
agreement shall provide that the benefits and obligations under the
agreement apply only to the parties to the agreement, if such
application is consistent with the terms of the agreement. The
implementing bill may also provide that the benefits and
obligations under the agreement do not apply uniformly to all
parties to the agreement, if such application is consistent with
the terms of the agreement.
(4) Disclosure of commitments.--Any agreement or other
understanding with a foreign government or governments (whether
oral or in writing) that--
(A) relates to a trade agreement with respect to which the
Congress enacts an implementing bill under trade authorities
procedures, and
(B) is not disclosed to the Congress before an implementing
bill with respect to that agreement is introduced in either
House of Congress,
shall not be considered to be part of the agreement approved by the
Congress and shall have no force and effect under United States law
or in any dispute settlement body.
(b) Limitations on Trade Authorities Procedures.--
(1) For lack of notice or consultations.--
(A) In general.--The trade authorities procedures shall not
apply to any implementing bill submitted with respect to a
trade agreement or trade agreements entered into under section
2103(b) if during the 60-day period beginning on the date that
one House of Congress agrees to a procedural disapproval
resolution for lack of notice or consultations with respect to
such trade agreement or agreements, the other House separately
agrees to a procedural disapproval resolution with respect to
such trade agreement or agreements.
(B) Procedural disapproval resolution.--(i) For purposes of
this paragraph, the term ``procedural disapproval resolution''
means a resolution of either House of Congress, the sole matter
after the resolving clause of which is as follows: ``That the
President has failed or refused to notify or consult in
accordance with the Bipartisan Trade Promotion Authority Act of
2002 on negotiations with respect to ____________ and,
therefore, the trade authorities procedures under that Act
shall not apply to any implementing bill submitted with respect
to such trade agreement or agreements.'', with the blank space
being filled with a description of the trade agreement or
agreements with respect to which the President is considered to
have failed or refused to notify or consult.
(ii) For purposes of clause (i), the President has ``failed
or refused to notify or consult in accordance with the
Bipartisan Trade Promotion Authority Act of 2002'' on
negotiations with respect to a trade agreement or trade
agreements if--
(I) the President has failed or refused to consult (as
the case may be) in accordance with section 2104 or 2105
with respect to the negotiations, agreement, or agreements;
(II) guidelines under section 2107(b) have not been
developed or met with respect to the negotiations,
agreement, or agreements;
(III) the President has not met with the Congressional
Oversight Group pursuant to a request made under section
2107(c) with respect to the negotiations, agreement, or
agreements; or
(IV) the agreement or agreements fail to make progress
in achieving the purposes, policies, priorities, and
objectives of this title.
(2) Procedures for considering resolutions.--(A) Procedural
disapproval resolutions--
(i) in the House of Representatives--
(I) may be introduced by any Member of the House;
(II) shall be referred to the Committee on Ways and
Means and, in addition, to the Committee on Rules; and
(III) may not be amended by either Committee; and
(ii) in the Senate--
(I) may be introduced by any Member of the Senate;
(II) shall be referred to the Committee on Finance; and
(III) may not be amended.
(B) The provisions of section 152(d) and (e) of the Trade Act
of 1974 (19 U.S.C. 2192(d) and (e)) (relating to the floor
consideration of certain resolutions in the House and Senate) apply
to a procedural disapproval resolution introduced with respect to a
trade agreement if no other procedural disapproval resolution with
respect to that trade agreement has previously been reported in
that House of Congress by the Committee on Ways and Means or the
Committee on Finance, as the case may be, and if no resolution
described in section 2104(d)(3)(C)(ii) with respect to that trade
agreement has been reported in that House of Congress by the
Committee on Ways and Means or the Committee on Finance, as the
case may be, pursuant to the procedures set forth in clauses (iii)
through (vi) of such section 2104(d)(3)(C).
(C) It is not in order for the House of Representatives to
consider any procedural disapproval resolution not reported by the
Committee on Ways and Means and, in addition, by the Committee on
Rules.
(D) It is not in order for the Senate to consider any
procedural disapproval resolution not reported by the Committee on
Finance.
(3) For failure to meet other requirements.--Not later than
December 31, 2002, the Secretary of Commerce, in consultation with
the Secretary of State, the Secretary of the Treasury, the Attorney
General, and the United States Trade Representative, shall transmit
to the Congress a report setting forth the strategy of the
executive branch to address concerns of the Congress regarding
whether dispute settlement panels and the Appellate Body of the WTO
have added to obligations, or diminished rights, of the United
States, as described in section 2101(b)(3). Trade authorities
procedures shall not apply to any implementing bill with respect to
an agreement negotiated under the auspices of the WTO unless the
Secretary of Commerce has issued such report in a timely manner.
(c) Rules of House of Representatives and Senate.--Subsection (b)
of this section, section 2103(c), aand section 2104(d)(3)(C) are
enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such are
deemed a part of the rules of each House, respectively, and such
procedures supersede other rules only to the extent that they are
inconsistent with such other rules; and
(2) with the full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedures of that House) at any time, in the same manner, and to
the same extent as any other rule of that House.

0d4929aa172cfcc9fceda62ddcc440580b9c1736c94c7f6baf52edab783079d2

HAVE ALREADY BEGUN.
(a) Certain Agreements.--Notwithstanding the prenegotiation
notification and consultation requirement described in section 2104(a),
if an agreement to which section 2103(b) applies--
(1) is entered into under the auspices of the World Trade
Organization,
(2) is entered into with Chile,
(3) is entered into with Singapore, or
(4) establishes a Free Trade Area for the Americas,
and results from negotiations that were commenced before the date of
the enactment of this Act, subsection (b) shall apply.
(b) Treatment of Agreements.--In the case of any agreement to which
subsection (a) applies--
(1) the applicability of the trade authorities procedures to
implementing bills shall be determined without regard to the
requirements of section 2104(a) (relating only to 90 days notice
prior to initiating negotiations), and any procedural disapproval
resolution under section 2105(b)(1)(B) shall not be in order on the
basis of a failure or refusal to comply with the provisions of
section 2104(a); and
(2) the President shall, as soon as feasible after the
enactment of this Act--
(A) notify the Congress of the negotiations described in
subsection (a), the specific United States objectives in the
negotiations, and whether the President is seeking a new
agreement or changes to an existing agreement; and
(B) before and after submission of the notice, consult
regarding the negotiations with the committees referred to in
section 2104(a)(2) and the Congressional Oversight Group
convened under section 2107.

7544673b787530e63d444c4b027c8eec2db733f17bb7de7c1bf71456fb205d6d

(a) Members and Functions.--
(1) In general.--By not later than 60 days after the date of
the enactment of this Act, and not later than 30 days after the
convening of each Congress, the chairman of the Committee on Ways
and Means of the House of Representatives and the chairman of the
Committee on Finance of the Senate shall convene the Congressional
Oversight Group.
(2) Membership from the house.--In each Congress, the
Congressional Oversight Group shall be comprised of the following
Members of the House of Representatives:
(A) The chairman and ranking member of the Committee on
Ways and Means, and 3 additional members of such Committee (not
more than 2 of whom are members of the same political party).
(B) The chairman and ranking member, or their designees, of
the committees of the House of Representatives which would
have, under the Rules of the House of Representatives,
jurisdiction over provisions of law affected by a trade
agreement negotiations for which are conducted at any time
during that Congress and to which this title would apply.
(3) Membership from the senate.--In each Congress, the
Congressional Oversight Group shall also be comprised of the
following members of the Senate:
(A) The chairman and ranking member of the Committee on
Finance and 3 additional members of such Committee (not more
than 2 of whom are members of the same political party).
(B) The chairman and ranking member, or their designees, of
the committees of the Senate which would have, under the Rules
of the Senate, jurisdiction over provisions of law affected by
a trade agreement negotiations for which are conducted at any
time during that Congress and to which this title would apply.
(4) Accreditation.--Each member of the Congressional Oversight
Group described in paragraph (2)(A) and (3)(A) shall be accredited
by the United States Trade Representative on behalf of the
President as an official adviser to the United States delegation in
negotiations for any trade agreement to which this title applies.
Each member of the Congressional Oversight Group described in
paragraph (2)(B) and (3)(B) shall be accredited by the United
States Trade Representative on behalf of the President as an
official adviser to the United States delegation in the
negotiations by reason of which the member is in the Congressional
Oversight Group. The Congressional Oversight Group shall consult
with and provide advice to the Trade Representative regarding the
formulation of specific objectives, negotiating strategies and
positions, the development of the applicable trade agreement, and
compliance and enforcement of the negotiated commitments under the
trade agreement.
(5) Chair.--The Congressional Oversight Group shall be chaired
by the Chairman of the Committee on Ways and Means of the House of
Representatives and the Chairman of the Committee on Finance of the
Senate.
(b) Guidelines.--
(1) Purpose and revision.--The United States Trade
Representative, in consultation with the chairmen and ranking
minority members of the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate--
(A) shall, within 120 days after the date of the enactment
of this Act, develop written guidelines to facilitate the
useful and timely exchange of information between the Trade
Representative and the Congressional Oversight Group convened
under this section; and
(B) may make such revisions to the guidelines as may be
necessary from time to time.
(2) Content.--The guidelines developed under paragraph (1)
shall provide for, among other things--
(A) regular, detailed briefings of the Congressional
Oversight Group regarding negotiating objectives, including the
promotion of certain priorities referred to in section 2102(c),
and positions and the status of the applicable negotiations,
beginning as soon as practicable after the Congressional
Oversight Group is convened, with more frequent briefings as
trade negotiations enter the final stage;
(B) access by members of the Congressional Oversight Group,
and staff with proper security clearances, to pertinent
documents relating to the negotiations, including classified
materials;
(C) the closest practicable coordination between the Trade
Representative and the Congressional Oversight Group at all
critical periods during the negotiations, including at
negotiation sites;
(D) after the applicable trade agreement is concluded,
consultation regarding ongoing compliance and enforcement of
negotiated commitments under the trade agreement; and
(E) the time frame for submitting the report required under
section 2102(c)(8).
(c) Request for Meeting.--Upon the request of a majority of the
Congressional Oversight Group, the President shall meet with the
Congressional Oversight Group before initiating negotiations with
respect to a trade agreement, or at any other time concerning the
negotiations.

4e405c505ff6cc9f5bc234b730dcac0614e8de27308869b22712977d6a79460c

(a) In General.--At the time the President submits to the Congress
the final text of an agreement pursuant to section 2105(a)(1)(C), the
President shall also submit a plan for implementing and enforcing the
agreement. The implementation and enforcement plan shall include the
following:
(1) Border personnel requirements.--A description of additional
personnel required at border entry points, including a list of
additional customs and agricultural inspectors.
(2) Agency staffing requirements.--A description of additional
personnel required by Federal agencies responsible for monitoring
and implementing the trade agreement, including personnel required
by the Office of the United States Trade Representative, the
Department of Commerce, the Department of Agriculture (including
additional personnel required to implement sanitary and
phytosanitary measures in order to obtain market access for United
States exports), the Department of the Treasury, and such other
agencies as may be necessary.
(3) Customs infrastructure requirements.--A description of the
additional equipment and facilities needed by the United States
Customs Service.
(4) Impact on state and local governments.--A description of
the impact the trade agreement will have on State and local
governments as a result of increases in trade.
(5) Cost analysis.--An analysis of the costs associated with
each of the items listed in paragraphs (1) through (4).
(b) Budget Submission.--The President shall include a request for
the resources necessary to support the plan described in subsection (a)
in the first budget that the President submits to the Congress after
the submission of the plan.

0b36bd6ddab9147f963701441dfd84ed09ccf76c46aa21d4f620e5fca1c0cbca

The grant of trade promotion authority under this title is likely
to increase the activities of the primary committees of jurisdiction in
the area of international trade. In addition, the creation of the
Congressional Oversight Group under section 2107 will increase the
participation of a broader number of Members of Congress in the
formulation of United States trade policy and oversight of the
international trade agenda for the United States. The primary
committees of jurisdiction should have adequate staff to accommodate
these increases in activities.

b5adfc4d3baf3d555c4eeea4437843d2058b7744f49bcc8a22c1bccbd79a08f2

(a) In General.--Title I of the Trade Act of 1974 (19 U.S.C. 2111
et seq.) is amended as follows:
(1) Implementing bill.--
(A) Section 151(b)(1) (19 U.S.C. 2191(b)(1)) is amended by
striking ``section 1103(a)(1) of the Omnibus Trade and
Competitiveness Act of 1988, or section 282 of the Uruguay
Round Agreements Act'' and inserting ``section 282 of the
Uruguay Round Agreements Act, or section 2105(a)(1) of the
Bipartisan Trade Promotion Authority Act of 2002''.
(B) Section 151(c)(1) (19 U.S.C. 2191(c)(1)) is amended by
striking ``or section 282 of the Uruguay Round Agreements Act''
and inserting ``, section 282 of the Uruguay Round Agreements
Act, or section 2105(a)(1) of the Bipartisan Trade Promotion
Authority Act of 2002''.
(2) Advice from international trade commission.--Section 131
(19 U.S.C. 2151) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``section 123 of this
Act or section 1102 (a) or (c) of the Omnibus Trade and
Competitiveness Act of 1988,'' and inserting ``section 123
of this Act or section 2103(a) or (b) of the Bipartisan
Trade Promotion Authority Act of 2002,''; and
(ii) in paragraph (2), by striking ``section 1102 (b)
or (c) of the Omnibus Trade and Competitiveness Act of
1988'' and inserting ``section 2103(b) of the Bipartisan
Trade Promotion Authority Act of 2002'';
(B) in subsection (b), by striking ``section
1102(a)(3)(A)'' and inserting ``section 2103(a)(3)(A) of the
Bipartisan Trade Promotion Authority Act of 2002''; and
(C) in subsection (c), by striking ``section 1102 of the
Omnibus Trade and Competitiveness Act of 1988,'' and inserting
``section 2103 of the Bipartisan Trade Promotion Authority Act
of 2002,''.
(3) Hearings and advice.--Sections 132, 133(a), and 134(a) (19
U.S.C. 2152, 2153(a), and 2154(a)) are each amended by striking
``section 1102 of the Omnibus Trade and Competitiveness Act of
1988,'' each place it appears and inserting ``section 2103 of the
Bipartisan Trade Promotion Authority Act of 2002,''.
(4) Prerequisites for offers.--Section 134(b) (19 U.S.C.
2154(b)) is amended by striking ``section 1102 of the Omnibus Trade
and Competitiveness Act of 1988'' and inserting ``section 2103 of
the Bipartisan Trade Promotion Authority Act of 2002''.
(5) Advice from private and public sectors.--Section 135 (19
U.S.C. 2155) is amended--
(A) in subsection (a)(1)(A), by striking ``section 1102 of
the Omnibus Trade and Competitiveness Act of 1988'' and
inserting ``section 2103 of the Bipartisan Trade Promotion
Authority Act of 2002'';
(B) in subsection (e)(1)--
(i) by striking ``section 1102 of the Omnibus Trade and
Competitiveness Act of 1988'' each place it appears and
inserting ``section 2103 of the Bipartisan Trade Promotion
Authority Act of 2002''; and
(ii) by striking ``section 1103(a)(1)(A) of such Act of
1988'' and inserting ``section 2105(a)(1)(A) of the
Bipartisan Trade Promotion Authority Act of 2002''; and
(C) in subsection (e)(2), by striking ``section 1101 of the
Omnibus Trade and Competitiveness Act of 1988'' and inserting
``section 2102 of the Bipartisan Trade Promotion Authority Act
of 2002''.
(6) Transmission of agreements to congress.--Section 162(a) (19
U.S.C. 2212(a)) is amended by striking ``or under section 1102 of
the Omnibus Trade and Competitiveness Act of 1988'' and inserting
``or under section 2103 of the Bipartisan Trade Promotion Authority
Act of 2002''.
(b) Application of Certain Provisions.--For purposes of applying
sections 125, 126, and 127 of the Trade Act of 1974 (19 U.S.C. 2135,
2136(a), and 2137)--
(1) any trade agreement entered into under section 2103 shall
be treated as an agreement entered into under section 101 or 102,
as appropriate, of the Trade Act of 1974 (19 U.S.C. 2111 or 2112);
and
(2) any proclamation or Executive order issued pursuant to a
trade agreement entered into under section 2103 shall be treated as
a proclamation or Executive order issued pursuant to a trade
agreement entered into under section 102 of the Trade Act of 1974.

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(a) In General.--Not later than 1 year after the date of enactment
of this Act, the International Trade Commission shall report to the
Committee on Finance of the Senate and the Committee on Ways and Means
of the House of Representatives regarding the economic impact on the
United States of the trade agreements described in subsection (b).
(b) Agreements.--The trade agreements described in this subsection
are the following:
(1) The United States-Israel Free Trade Agreement.
(2) The United States-Canada Free Trade Agreement.
(3) The North American Free Trade Agreement.
(4) The Uruguay Round Agreements.
(5) The Tokyo Round of Multilateral Trade Negotiations.

8ee2709650a988fd6d08dfb7865ba230224a2550311b999628d7db660f5b129e

Fast Track Trade Authority bill — HR. 3009

Other Sections

DIVISION A

DIVISION A / TITLE I

DIVISION A / TITLE II

DIVISION A / TITLE III

DIVISION B / TITLE XXI

DIVISION C / TITLE XXXI

DIVISION D / TITLE XLI

DIVISION E / TITLE L

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