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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.
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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
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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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