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