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S. 593 (is) To amend the Internal Revenue Code of 1986 to increase the maximum [Introduced in Senate] ...


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108th CONGRESS
  1st Session
                                 S. 592

To establish an Office of Manufacturing in the Department of Commerce, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 11, 2003

 Mr. Hollings introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To establish an Office of Manufacturing in the Department of Commerce, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Save American 
Manufacturing Act of 2003''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

        Sec. 1. Short title; table of contents.
                    TITLE I--OFFICE OF MANUFACTURING

        Sec. 101. Establishment of Office of Manufacturing.
           TITLE II--WTO DISPUTE SETTLEMENT REVIEW COMMISSION

        Sec. 201. Congressional findings and purpose.
        Sec. 202. Establishment of Commission.
        Sec. 203. Duties of the Commission.
        Sec. 204. Powers of the Commission.
        Sec. 205. Review of dispute settlement procedures and 
                            participation in the WTO.
        Sec. 206. Participation in WTO panel proceedings.
        Sec. 207. Definitions.
 TITLE III--REFORM OF EXPORT-IMPORT BANK AND OVERSEAS PRIVATE INVESTOR 
        CORPORATION; ABOLITION OF INTERNATIONAL TRADE COMMISSION

        Sec. 301. Restrictions on Export-Import Bank assistance.
        Sec. 302. Restrictions on the Overseas Private Investment 
                            Corporation.
        Sec. 303. Abolition of International Trade Commission
                        TITLE IV--MISCELLANEOUS

        Sec. 401. Buy-American requirement imposed on Department of 
                            Homeland Security; exceptions.
        Sec. 402. Prohibition on sale of child-labor manufactured goods 
                            in interstate commerce.
        Sec. 403. Additional customs agents to combat inappropriate 
                            transshipment of textiles.
        Sec. 404. Sense of the Senate regarding Byrd Amendment.
               TITLE V--INTERNAL REVENUE CODE AMENDMENTS

        Sec. 501. Disincentivization of corporate expatriation to avoid 
                            United States income tax.
        Sec. 502. Inclusion of income from U.S. imports in Subpart F 
                            income.
        Sec. 503. Denial of treaty benefits for certain deductible 
                            payments.

SEC. 101. ESTABLISHMENT OF OFFICE OF MANUFACTURING.

    (a) In General.--
            (1) Establishment.--There is established within the 
        Department of Commerce an Office of Manufacturing. The office 
        shall be responsible for gathering, coordinating, and analyzing 
        all the information necessary for the Secretary of Commerce to 
        make any determinations the Secretary is required by law to 
        make about the industrial base of the United States.
            (2) Staff.--The Secretary shall ensure that the office 
        includes appropriate staff to carry out the functions of the 
        office under subsection (b), including individuals with 
        training, expertise, or experience in--
                    (A) economic analysis;
                    (B) the industrial base of the United States for 
                national defense-related production;
                    (C) the industrial base of the United States not 
                related to national defense-related production;
                    (D) technological developments;
                    (E) trends in manufacturing in the United States; 
                and
                    (F) national security.
            (3) Detailees.--In addition to employees of the Department 
        of Commerce, the Secretary may accept, on nonreimbursable 
        detail to the office, employees of other Federal departments 
        and agencies.
    (b) Functions.--The office shall be responsible for--
            (1) developing policies designed to preserve and enhance 
        the industrial base of the United States;
            (2) monitoring and evaluating worldwide technological 
        developments in industry sectors critical to the national 
        security interests of the United States;
            (3) conducting assessments of those sectors of the 
        industrial base of the United States that are involved in 
        national defense-related production, including analysis of how 
        those sectors are affected by technological developments, 
        technology transfers, foreign competition, and imported goods;
            (4) conducting assessments of--
                    (A) those sectors of the industrial base of the 
                United States that are of critical importance to the 
                national security interests of the United States; and
                    (B) the economy of the United States.
    (c) Reports.--The Secretary shall make an annual report to the 
Senate Committee on Commerce, Science, and Technology and the House of 
Representatives Committee on Energy and Commerce that--
            (1) describes the operations of the office during the 12-
        month period to which the report relates; and
            (2) sets forth the Secretary's views on the ability of the 
        United States government to support the industrial base of the 
        United States.

           TITLE II--WTO DISPUTE SETTLEMENT REVIEW COMMISSION

SEC. 201. CONGRESSIONAL FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The United States joined the World Trade Organization 
        as a founding member with the goal of creating an improved 
        global trading system.
            (2) The American people must receive assurances that United 
        States sovereignty will be protected, and United States 
        interests will be advanced, within the global trading system 
        which the WTO will oversee.
            (3) The survival of the new WTO requires the ability to 
        respond effectively to unfair or otherwise harmful trade 
        practices.
            (4) United States support for the WTO depends upon 
        obtaining mutual trade benefits through the openness of foreign 
        markets and the maintenance of effective United States and WTO 
        remedies against unfair or otherwise harmful trade practices.
            (5) Congress passed the Uruguay Round Agreements Act based 
        upon its understanding that effective trade remedies would not 
        be eroded. These remedies are essential to continue the process 
        of opening foreign markets to imports of goods and services and 
        to prevent harm to American industry and agriculture 
        particularly through foreign dumping and subsidization.
            (6) The continued support of the Congress for the WTO is 
        dependent upon a WTO dispute settlement system that--
                    (A) operates in a fair and impartial manner;
                    (B) does not add to the obligations of or diminish 
                the rights of the United States under the Uruguay Round 
                agreements; and
                    (C) does not exceed its authority, scope, or 
                established standard of review.
    (b) Purpose.--It is the purpose of this title to provide for the 
establishment of the WTO Dispute Settlement Review Commission to 
achieve the goals described in subsection (a)(6).

SEC. 202. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the WTO Dispute Settlement Review Commission (hereafter in this 
title referred to as the ``Commission'').
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 5 
        members all of whom shall be judges of the Federal judicial 
        circuits and shall be appointed by the President, after 
        consultation with the Majority Leader and Minority Leader of 
        the House of Representatives, and the Majority Leader and 
        Minority Leader of the Senate.
            (2) Date.--The appointments of the members of the 
        Commission shall be made no later than 60 days after the date 
        of the enactment of this Act.
    (c) Period of Appointment; Vacancies.--
            (1) In general.--Members of the Commission first appointed 
        shall each be appointed for a term of 5 years. After the 
        initial 5-year term, 3 members of the Commission shall be 
        appointed for terms of 3 years and the remaining 2 members 
        shall be appointed for terms of 2 years.
            (2) Vacancies.--
                    (A) In general.--Any vacancy on the Commission 
                shall not affect its powers, but shall be filled in the 
                same manner as the original appointment and shall be 
                subject to the same conditions as the original 
                appointment.
                    (B) Unexpired term.--An individual chosen to fill a 
                vacancy shall be appointed for the unexpired term of 
                the member replaced.
    (d) Initial Meeting.--No later than 30 days after the date on which 
all members of the Commission have been appointed, the Commission shall 
hold its first meeting.
    (e) Meetings.--The Commission shall meet at the call of the 
Chairman.
    (f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (g) Chairman and Vice Chairman.--The Commission shall select a 
Chairman and Vice Chairman from among its members.

SEC. 203. DUTIES OF THE COMMISSION.

    (a) Review of WTO Dispute Settlement Reports.--
            (1) In general.--The Commission shall review--
                    (A) all reports of dispute settlement panels or the 
                Appellate Body of the World Trade Organization in 
                proceedings initiated by other parties to the WTO which 
                are adverse to the United States and which are adopted 
                by the Dispute Settlement Body, and
                    (B) upon request of the United States Trade 
                Representative, any other report of a dispute 
                settlement panel or the Appellate Body which is adopted 
                by the Dispute Settlement Body.
            (2) Scope of review.--In the case of reports described in 
        paragraph (1), the Commission shall review the report and 
        determine whether--
                    (A) the panel or the Appellate Body, as the case 
                may be, exceeded its authority or its terms of 
                reference;
                    (B) the panel or the Appellate Body, as the case 
                may be, added to the obligations of or diminished the 
                rights of the United States under the Uruguay Round 
                agreement which is the subject of report;
                    (C) the panel or the Appellate Body, as the case 
                may be, acted arbitrarily or capriciously, engaged in 
                misconduct, or demonstrably departed from the 
                procedures specified for panels and Appellate Bodies in 
                the applicable Uruguay Round Agreement; and
                    (D) the report of the panel or the Appellate Body, 
                as the case may be, deviated from the applicable 
                standard of review, including in antidumping, 
                countervailing duty, and other unfair trade remedy 
                cases, the standard of review set forth in Article 17.6 
                of the Agreement on Implementation of Article VI of the 
                General Agreement on Tariffs and Trade 1994.
            (3) Affirmative determination.--If the Commission makes an 
        affirmative determination with respect to the action of a panel 
        or an Appellate Body under subparagraph (A), (B), (C), or (D) 
        of paragraph (2), the Commission shall determine whether the 
        action of the panel or Appellate Body materially affected the 
        outcome of the report of the panel or Appellate Body.
    (b) Determination; Report.--
            (1) Determination.--No later than 120 days after the date 
        of a report of a panel or Appellate Body described in 
        subsection (a)(1) is adopted by the Dispute Settlement Body, 
        the Commission shall make a written determination with respect 
        to matters described in subsections (a)(2) and (a)(3).
            (2) Reports.--The Commission shall report the 
        determinations described in paragraph (1) to the Committee on 
        Ways and Means of the House of Representatives and the 
        Committee on Finance of the Senate.

SEC. 204. POWERS OF THE COMMISSION.

    (a) Hearings.--The Commission may hold such hearings, sit and act 
at such times and places, take such testimony, and receive such 
evidence as the Commission considers advisable to carry out the 
purposes of this title.
    (b) Information From Interested Parties and Federal Agencies.--
            (1) Notice of panel or appellate body report.--The United 
        States Trade Representative shall advise the Commission no 
        later than 5 days after the date the Dispute Settlement Body 
        adopts the report of a panel or Appellate Body that is adverse 
        to the United States and shall immediately publish notice of 
        such advice in the Federal Register, along with notice of an 
        opportunity for interested parties to submit comments to the 
        Commission.
            (2) Submissions and requests for information.--Any 
        interested party may submit comments to the Commission 
        regarding the panel or Appellate Body report. The Commission 
        may also secure directly from any Federal department or agency 
        such information as the Commission considers necessary to carry 
        out the provisions of this title. Upon request of the Chairman 
        of the Commission, the head of such department or agency shall 
        furnish such information to the Commission.
            (3) Access to panel and appellate body documents.--The 
        United States Trade Representative shall make available to the 
        Commission all submissions and relevant documents relating to 
        the panel or Appellate Body report, including any information 
        contained in such submissions identified by the provider of the 
        information as proprietary information or information treated 
        as confidential by a foreign government.

SEC. 205. REVIEW OF DISPUTE SETTLEMENT PROCEDURES AND PARTICIPATION IN 
              THE WTO.

    (a) Affirmative Report by Commission.--
            (1) In general.--If a joint resolution described in 
        subsection (b)(1) is enacted into law pursuant to the 
        provisions of subsection (c), the President shall undertake 
        negotiations to amend or modify the rules and procedures of the 
        Understanding on Rules and Procedures Governing the Settlement 
        of Disputes to which such joint resolution relates.
            (2) 3 affirmative reports by commission.--If a joint 

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