S.Amdt. 2685Senate108th Congress (2003-2005)2nd degree
To protect United States workers from competition of foreign workforces for performance of Federal and State contracts.
Sponsored by 
Sen. John McCain (R-AZ)
Sen. John McCain (R-AZ)Submitted March 4, 2004
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March 4, 2004
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Senate amendment submitted
March 4, 2004
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Senate amendment agreed to: Amendment SA 2685 agreed to in Senate by Unanimous Consent.
March 4, 2004
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Senate amendment proposed (on the floor): Amendment SA 2685 proposed by Senator Thomas for Senator McCain to Amendment SA 2660.(consideration: CR S2206; text: CR S2206)
March 4, 2004
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Amendment SA 2685 proposed by Senator Thomas for Senator McCain to Amendment SA 2660. (consideration: CR S2206; text: CR S2206) To protect United States workers from competition of foreign workforces for performance of Federal and State contracts.
March 4, 2004
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Amendment SA 2685 agreed to in Senate by Unanimous Consent.
March 4, 2004
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[[Page S2236]] TEXT OF AMENDMENTS ______ SA 2676. Mr. DASCHLE submitted an amendment intended to be proposed by him to the bill S. 1637, to amend the Internal Revenue Code of 1986 to comply with the World Trade Organization rulings on the FSC/ETI benefit in a manner that preserves jobs and production activities in the United States, to reform and simplify the international taxation rules of the United States, and for other purposes; which was ordered to lie on the table; as follows: On page 179, after line 25, add the following: SEC. __. INCREASE IN HISTORIC REHABILITATION CREDIT FOR CERTAIN LOW-INCOME HOUSING FOR THE ELDERLY. (a) In General.--Section 47 (relating to rehabilitation credit) is amended by adding at the end the following new subsection: ``(e) Special Rule Regarding Certain Historic Structures.-- In the case of any qualified rehabilitation expenditure with respect to any certified historic structure-- ``(1) which is placed in service after the date of the enactment of this subsection, ``(2) which is part of a qualified low-income building with respect to which a credit under section 42 is allowed, and ``(3) substantially all of the residential rental units of which are used for tenants who have attained the age of 65, subsection (a)(2) shall be applied by substituting `25 percent' for `20 percent'.''. (b) Application of MACRS.--The Internal Revenue Code of 1986 shall be applied and administered as if paragraph (4)(X) of section 251(d) of the Tax Reform Act of 1986 as applied to the amendments made by section 201 of such Act had not been enacted with respect to any property described in such paragraph and placed in service after the date of the enactment of this Act. (c) Effective Date.--The amendment made by subsection (a) shall apply to property placed in service after the date of the enactment of this Act. ______ SA 2677. Mr. DASCHLE submitted an amendment intended to be proposed by him to the bill S. 1637, to amend the Internal Revenue Code of 1986 to comply with the World Trade Organization rulings on the FSC/ETI benefit in a manner that preserves jobs and production activities in the United States, to reform and simplify the international taxation rules of the United States, and for other purposes; which was ordered to lie on the table; as follows: On page 179, after line 25, insert the following: SEC. . NEW MARKETS TAX CREDIT FOR NATIVE AMERICAN RESERVATIONS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 (relating to business related credits) is amended by redesignating sections 45E and 45F as sections 45F and 45G, respectively, and by inserting after section 45E the following new section: ``SEC. 45D. NEW MARKETS TAX CREDIT FOR NATIVE AMERICAN RESERVATIONS. ``(a) Allowance of Credit.-- ``(1) In general.--For purposes of section 38, in the case of a taxpayer who holds a qualified equity investment on a credit allowance date of such investment which occurs during the taxable year, the Native American new markets tax credit determined under this section for such taxable year is an amount equal to the applicable percentage of the amount paid to the reservation development entity for such investment at its original issue. ``(2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage is-- ``(A) 5 percent with respect to the first 3 credit allowance dates, and ``(B) 6 percent with respect to the remainder of the credit allowance dates. ``(3) Credit allowance date.--For purposes of paragraph (1), the term `credit allowance date' means, with respect to any qualified equity investment-- ``(A) the date on which such investment is initially made, and ``(B) each of the 6 anniversary dates of such date thereafter. ``(b) Qualified Equity Investment.--For purposes of this section-- ``(1) In general.--The term `qualified equity investment' means any equity investment in a reservation development entity if-- ``(A) such investment is acquired by the taxpayer at its original issue (directly or through an underwriter) solely in exchange for cash, ``(B) substantially all of such cash is used by the reservation development entity to make qualified low-income reservation investments, and ``(C) such investment is designated for purposes of this section by the reservation development entity. Such term shall not include any equity investment issued by a reservation development entity more than 5 years after the date that such entity receives an allocation under subsection (f ). Any allocation not used within such 5-year period may be reallocated by the Secretary under subsection (f ). ``(2) Limitation.--The maximum amount of equity investments issued by a reservation development entity which may be designated under paragraph (1)(C) by such entity shall not exceed the portion of the limitation amount allocated under subsection (f ) to such entity. ``(3) Safe harbor for determining use of cash.--The requirement of paragraph (1)(B) shall be treated as met if at least 85 percent of the aggregate gross assets of the reservation development entity are invested in qualified low- income reservation investments. ``(4) Treatment of subsequent purchasers.--The term `qualified equity investment' includes any equity investment which would (but for paragraph (1)(A)) be a qualified equity investment in the hands of the taxpayer if such investment was a qualified equity investment in the hands of a prior holder. ``(5) Redemptions.--A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this subsection. ``(6) Equity investment.--The term `equity investment' means-- ``(A) any stock (other than nonqualified preferred stock as defined in section 351(g)(2)) in an entity which is a corporation, and ``(B) any capital interest in an entity which is a partnership. ``(c) Reservation Development Entity.--For purposes of this section-- ``(1) In general.--The term `reservation development entity' means any domestic corporation or partnership if-- ``(A) the primary mission of the entity is serving, or providing investment capital for, low-income reservations, ``(B) the entity maintains accountability to residents of low-income reservations through their representation on any governing board of the entity or on any advisory board to the entity, and ``(C) the entity is certified by the Secretary for purposes of this section as being a reservation development entity. ``(2) Exception.--For purposes of subparagraph (C) of paragraph (1), the Secretary shall not certify an entity as a reservation development entity if such entity is also certified as a qualified community development entity under section 45D(c). ``(d) Qualified Low-Income Reservation Investments.--For purposes of this section-- ``(1) In general.--The term `qualified low-income reservation investment' means-- ``(A) any capital or equity investment in, or loan to, any qualified active low-income reservation business, ``(B) the purchase from another reservation development entity of any loan made by such entity which is a qualified low-income reservation investment, ``(C) financial counseling and other services specified in regulations prescribed by the Secretary to businesses located in, and residents of, low-income reservations, and ``(D) any equity investment in, or loan to, any reservation development entity. ``(2) Qualified active low-income reservation business.-- ``(A) In general.--For purposes of paragraph (1), the term `qualified active low-income reservation business' means, with respect to any taxable year, any corporation (including a nonprofit corporation) or partnership if for such year-- ``(i) at least 50 percent of the total gross income of such entity is derived from the active conduct of a qualified business within any low-income reservation, ``(ii) a substantial portion of the use of the tangible property of such entity (whether owned or leased) is within any low-income reservation, ``(iii) a substantial portion of the services performed for such entity by its employees are performed in any low-income reservation, ``(iv) less than 5 percent of the average of the aggregate unadjusted bases of the property of such entity is attributable to collectibles (as defined in section 408(m)(2)) other than collectibles that are held primarily for sale to customers in the ordinary course of such business, and ``(v) less than 5 percent of the average of the aggregate unadjusted bases of the property of such entity is attributable to nonqualified financial property (as defined in section 1397C(e)). ``(B) Proprietorship.--Such term shall include any business carried on by an individual as a proprietor if such business would meet the requirements of subparagraph (A) were it incorporated. ``(C) Portions of business may be qualified active low- income reservation business.--The term `qualified active low- income reservation business' includes any trades or businesses which would qualify as a qualified active low- income reservation business if such trades or businesses were separately incorporated. ``(3) Qualified business.--For purposes of this subsection, the term `qualified business' has the meaning given to such term by section 45D(d)(3). ``(e) Low-Income Reservation.--For purposes of this section, the term `low-income reservation' means any Indian reservation (as defined in section 168(j)(6)) which has a poverty rate of at least 40 percent. ``(f ) National Limitation on Amount of Investments Designated.-- ``(1) In general.--There is a Native American new markets tax credit limitation of $50,000,000 for each of calendar years 2004 through 2007. ``(2) Allocation of limitation.--The limitation under paragraph (1) shall be allocated [[Page S2237]] by the Secretary among reservation development entities selected by the Secretary. In making allocations under the preceding sentence, the Secretary shall give priority to any entity-- ``(A) with a record of having successfully provided capital or technical assistance to disadvantaged businesses or communities, or ``(B) which intends to satisfy the requirement under subsection (b)(1)(B) by making qualified low-income reservation investments in 1 or more businesses in which persons unrelated to such entity (within the meaning of section 267(b) or 707(b)(1)) hold the majority equity interest. ``(3) Carryover of unused limitation.--If the Native American new markets tax credit limitation for any calendar year exceeds the aggregate amount allocated under paragraph (2) for such year, such limitation for the succeeding calendar year shall be increased by the amount of such excess. No amount may be carried under the preceding sentence to any calendar year after 2014. ``(g) Recapture of Credit in Certain Cases.-- ``(1) In general.--If, at any time during the 7-year period beginning on the date of the original issue of a qualified equity investment in a reservation development entity, there is a recapture event with respect to such investment, then the tax imposed by this chapter for the taxable year in which such event occurs shall be increased by the credit recapture amount. ``(2) Credit recapture amount.--For purposes of paragraph (1), the credit recapture amount is an amount equal to the sum of-- ``(A) the aggregate decrease in the credits allowed to the taxpayer under section 38 for all prior taxable years which would have resulted if no credit had been determined under this section with respect to such investment, plus ``(B) interest at the underpayment rate established under section 6621 on the amount determined under subparagraph (A) for each prior taxable year for the period beginning on the due date for filing the return for the prior taxable year involved. No deduction shall be allowed under this chapter for interest described in subparagraph (B). ``(3) Recapture event.--For purposes of paragraph (1), there is a recapture event with respect to an equity investment in a reservation development entity if-- ``(A) such entity ceases to be a reservation development entity, ``(B) the proceeds of the investment cease to be used as required of subsection (b)(1)(B), or ``(C) such investment is redeemed by such entity. ``(4) Special rules.-- ``(A) Tax benefit rule.--The tax for the taxable year shall be increased under paragraph (1) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted. ``(B) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55. ``(h) Basis Reduction.--The basis of any qualified equity investment shall be reduced by the amount of any credit determined under this section with respect to such investment. This subsection shall not apply for purposes of sections 1202, 1400B, and 1400F. ``(i) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations-- ``(1) which limit the credit for investments which are directly or indirectly subsidized by other Federal tax benefits (including the credit under section 42 and the exclusion from gross income under section 103), ``(2) which prevent the abuse of the purposes of this section, ``(3) which provide rules for determining whether the requirement of subsection (b)(1)(B) is treated as met, ``(4) which impose appropriate reporting requirements, and ``(5) which apply the provisions of this section to newly formed entities.''. (b) Credit Made Part of General Business Credit.-- (1) In general.--Subsection (b) of section 38 is amended by redesignating paragraphs (14) and (15) as paragraphs (15) and (16), respectively, and by inserting after paragraph (13) the following new paragraph: ``(14) the Native American new markets tax credit determined under section 45E(a),''. (2) Limitation on carryback.--Subsection (d) of section 39 is amended by redesignating paragraph (10) as paragraph (11) and by inserting after paragraph (9) the following new paragraph: ``(10) No carryback of native american new markets tax credit before january 1, 2004.--No portion of the unused business credit for any taxable year which is attributable to the credit under section 45E may be carried back to a taxable year ending before January 1, 2004.''. (c) Deduction for Unused Credit.--Subsection (c) of section 196 is amended by redesignating paragraph (10) as paragraph (11), by striking ``and'' at the end of paragraph (9), and by inserting after paragraph (9) the following new paragraph: ``(10) the Native American new markets tax credit determined under section 45E(a), and''. (d) Conforming Amendments.-- (1) Section 38(b)(15), as redesignated by subsection (b)(1), is amended-- (A) by striking ``45E(c)'' and inserting ``45F(c)'', and (B) by striking ``45E(a)'' and inserting ``45F(a)''. (2) Section 38(b)(16), as redesignated by subsection (b)(1), is amended by striking ``45F(a)'' and inserting ``45G(a)''. (3) Section 39(d)(11), as redesignated by subsection (b)(2), is amended by striking ``section 45E'' and inserting ``section 45F''. (4) Section 196(c)(11), as redesignated by subsection (c), is amended by striking ``45E(a)'' and inserting ``45F(a)''. (5) Section 1016(a)(28) is amended-- (A) by striking ``under section 45F'' and inserting ``under section 45G'', and (B) by striking ``section 45F(f)(1)'' and inserting ``section 45G(f)(1)''. (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the items relating to sections 45E and 45F and inserting the following: ``Sec. 45E. Native American new markets tax credit. ``Sec. 45F. Small employer pension plan startup costs. ``Sec. 45G. Employer-provided child care credit.''. (e) Effective Date.--The amendments made by this section shall apply to investments made after December 31, 2003. (f ) Guidance on Allocation of National Limitation.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury or the Secretary's delegate shall issue guidance which specifies-- (1) how entities shall apply for an allocation under section 45E(f )(2) of the Internal Revenue Code of 1986, as added by this section; (2) the competitive procedure through which such allocations are made; and (3) the actions that such Secretary or delegate shall take to ensure that such allocations are properly made to appropriate entities. (g) Audit and Report.--Not later than January 31 of 2007 and 2010, the Comptroller General of the United States shall, pursuant to an audit of the Native American new markets tax credit program established under section 45E of the Internal Revenue Code of 1986 (as added by subsection (a)), report to Congress on such program, including all reservation development entities that receive an allocation under the Native American new markets credit under such section. (f) Grants in Coordination With Credit.-- (1) In general.--The Secretary of the Treasury is authorized to award a grant of not more than $1,000,000 to the First Nations Oweesta Corporation. (2) Use of funds.--The grant awarded under paragraph (1) may be used-- (A) to enhance the capacity of people living on low-income reservations (within the meaning of section 45E(e) of the Internal Revenue Code of 1986, as added by this section) to access, apply, control, create, leverage, utilize, and retain the financial benefits to such low-income reservations which are attributable to qualified low-income reservation investments (within the meaning of section 45E(d) of such Code), and (B) to provide access to appropriate financial capital for the development of such low-income reservations. (3) Authorization of appropriations.--There are authorized to be appropriated $1,000,000 for fiscal years 2004 through 2014 to carry out the provisions of this subsection. ______ SA 2678. Mr. GRASSLEY (for himself and Mr. Baucus) proposed an amendment to the bill S. 671, to amend the Harmonized Tariff Schedule of the United States to modify temporarily certain rates of duty, to make other technical amendments to the trade laws, and for other purposes; as follows: In the table following section 1001(b), strike the following headings: 9902.30.90 9902.29.46 9902.30.31 9902.32.14 9902.32.30 9902.32.16 9902.31.14 9902.31.13 9902.30.16 9902.29.23 Strike section 1111 and insert the following: SEC. 1111. REACTIVE ORANGE 132. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: [[Page S2238]] `` 9902.01.11 Reactive orange Free No change No change On or before 12/ 132 31/2005 '' (benzenesulfoni . c acid, 2,2-[(1- methyl-1,2- ethanediyl)- bis[imino(6- fluoro-1,3,5- triazine-4,2- diyl)imino[2- [(aminocarbon- yl)-amino)]-4,1- phenylene]azo]] bis[5-[(4- sulfophenyl)azo ]-, sodium salt) (CAS No. 149850-31-7) (provided for in subheading 3204.16.30).... Strike section 1121 and insert the following: SEC. 1121. PYRACLOSTROBIN. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.01.21 Methyl N-(2-[[1-(4- Free No change No change On or before 12/ chlorophenyl)-1H- 31/2005 '' pyrazol-3- . yl]oxymethyl]- phenyl)-N- methoxycarba-nate (pyra-clostrobin) (CAS No. 175013- 18-0) (provided for in subheading 2933.19.23)...... Strike section 1124. Strike section 1131 and insert the following: SEC. 1131. MIXTURES OF TRIBENURON METHYL AND APPLICATION ADJUVANTS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.01.31 ................ Free No change No change On or before 12/ Mixtures of 31/2005 '' tribenuron methyl . (methyl 2-[[[[(4- methoxy-6- methyl- 1,3,5- triazin- 2- yl)methyl- amino]- carbonyl] amino]- sulfonyl]ben- zoate) (CAS No. 101200-48-0) and application adjuvants (provided for in subheading 3808.30.15). Strike section 1146 and insert the following: SEC. 1146. AVAUNT AND STEWARD. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.01.46 Mixtures of Free No change No change On or before 12/ indoxacarb ((S)- 31/2005 '' methyl 7-chloro- . 2,5-dihydro-2- [[(methoxycarbony l)[4- (trifluoromethoxy )- phenyl]amino]car- bonyl]indeno- [1,2-e][1,3,4]- oxadiazine-4a- (3H)carboxylate) (CAS No. 173584- 44-6) and application adjuvants (provided for in subheading 3808.10.25)...... Strike section 1154 and insert the following: SEC. 1154. (Z)-(1RS, 3RS)-3-(2-CHLORO-3,3,3 TRIFLOURO-1- PROPENYL)-2,2-DIMETHYL-CYCLOPROPANE CARBOXYLIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.01.55 (Z)-(1RS,3RS)-3-(2- Free No change No change On or before 12/ Chloro-3,3,3- 31/2005 '' trifluro-1-pro- . penyl)-2,2- dimethyl- cyclopropanecarbo xylic acid (CAS No. 68127-59-3) (provided for in subheading 2916.20.50)...... Strike section 1164 and insert the following: SEC. 1164. P-CRESIDINESULFONIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.01.65 p- Free No change No change On or before 12/ Cresidinesulfonic 31/2005 '' acid (4-amino-5- . methoxy-2- methylbenzene- sulfonic acid) (CAS No. 6471-78- 9) (provided for in subheading 2922.29.80)...... Strike section 1167 and insert the following: SEC. 1167. N-ETHYL-N-(3-SULFOBENZYL)ANILINE, BENZENESULFONIC ACID, 3[(ETHYLPHENYLAMINO)METHYL]. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.01.68 N-Ethyl-N-(3- Free No change No change On or before 12/ sulfobenzyl)ani- 31/2005 '' line . (benzenesulfonic acid, 3-[(ethyl- phenylamino)- methyl]-) (CAS No. 101-11-1) (provided for in subheading 2921.42.90)...... Strike section 1174 and insert the following: SEC. 1174. ACID BLACK 172. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.01.75 Acid black 172 Free No change No change On or before 12/ (chromate(3-), 31/2005 '' bis[3-(hydroxy- . .kappa.O)-4-[[2- (hydroxy.kappa.O)- 1- naphthalenyl- azo- .kappa.N1]-7- nitro-1- naphthalenesulfon ato(3-)]-, trisodium) (CAS No. 57693-14-8) (provided for in subheading 3204.12.45)...... Strike section 1213 and insert the following: SEC. 1213. CERTAIN RUBBER RIDING BOOTS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.02.17 Boots with outer Free No change No change On or before 12/ soles and uppers 31/2005 '' of rubber, such . boots extending above the ankle but below the knee, specifically designed for horseback riding, and having a spur rest on the heel counter (provided for in subheading 6401.92.90)...... [[Page S2239]] Strike section 1215 and insert the following: SEC. 1215. CHEMICAL NR ETHANOL-BASED. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.02.19 Chemical NR Free No change No change On or before 12/ ethanol-based 31/2005 '' (iron toluene . sulfonate) (comprising 60 percent ethanol (CAS No. 64-17- 5), 33 percent p- toluenesulfonic acid (CAS No. 6192-52-5), and 7 percent ferric oxide (CAS No. 1309-37-1)) (provided for in subheading 2912.12.00 or 3824.90.28)...... Strike section 1222 and insert the following: SEC. 1222. THERMAL RELEASE PLASTIC FILM. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.02.26 Thermal release Free No change No change On or before 12/ plastic film 31/2005 '' (with a substrate . of polyolefin- based PET/ conductive acrylic polymer, release liner of polyethylene terephthalate PET/ polysiloxane, pressure sensitive adhesive of acrylic ester- based copolymer, and core of acrylonitrile- butadiene-styrene copolymer) (provided for in subheading 3919.10.20)...... Strike section 1225 and insert the following: SEC. 1225. OBPA. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.02.29 10,10- Free No change No change On or before 12/ Oxybisphenoxarsin 31/2005 '' e (CAS No. 58-36- . 6) (provided for in subheading 2934.99.18)...... Strike section 1231 and insert the following: SEC. 1231. 3-[(4 AMINO-3-METHOXYPHENYL) AZO]-BENZENE SULFONIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.02.35 3-[(Amino-3- Free No change No change On or before 12/ methoxyphenyl)- 31/2005 '' azo]- . benzenesulfonic acid (CAS No. 138- 28-3) (provided for in subheading 2927.00.50)...... Strike section 1247 and insert the following: SEC. 1247. IMIDACLOPRID PESTICIDES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.02.52 Mixtures of 5.7% No change No change On or before 12/ imidacloprid (1- 31/2005 '' [(6-Chloro-3- . pyridinyl)- methyl]-N- nitro- 2- imidazolidini- mine) (CAS No. 138261-41-3) with application adjuvants (provided for in subheading 3808.10.25)...... Strike section 1290 and insert the following: SEC. 1290. NECKS USED IN CATHODE RAY TUBES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.02.97 Necks of a kind Free No change No change On or before 12/ used in cathode 31/2005 '' ray tubes . (provided for in subheading 7011.20.80)...... Strike section 1302 and insert the following: SEC. 1302. MAGENTA 364. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.03.10 5-[4-(4,5-Dimethyl- Free No change No change On or before 12/ 2-sulfo- 31/2005 '' phenylamino)-6- . hydroxy- [1,3,5]triazin-2- ylamino]-4- hydroxy-3-(1- sulfonaphthalen-2- ylazo)naph- thalene-2,7- disulfonic acid, sodium salt (provided for in subheading 3204.14.30)...... Strike section 1303 and insert the following: SEC. 1303. THIAMETHOXAM TECHNICAL. (a) Calendar Year 2004.--Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.03.11 Thiamethoxam (3- 2.6% No change No change On or before 12/ [(2-chloro-5- 31/2004 '' thiazolyl)methyl)- . tetrahydro-5- methyl-N-nitro- 1,3,5-oxadiazin-4- imine) (CAS No. 153719-23-4) (provided for in subheading 2934.10.90)...... (b) Calendar Year 2005.-- (1) In general.--Heading 9902.03.11, as added by subsection (a), is amended-- (A) by striking ``2.6%'' and inserting ``2.54%''; and (B) by striking ``On or before 12/31/2004'' and inserting ``On or before 12/31/2005''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on January 1, 2005. (c) Calendar Year 2006.-- (1) In general.--Heading 9902.03.11, as added by subsection (a) and amended by this section, is further amended-- (A) by striking ``2.54%'' and inserting ``3.2%''; and (B) by striking ``On or before 12/31/2005'' and inserting ``On or before 12/31/2006''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on January 1, 2006. Strike section 1309 and insert the following: SEC. 1309. PRODIAMINE TECHNICAL. (a) Calendar Year 2004.--Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: [[Page S2240]] `` 9902.03.19 Prodiamine (2,6- 0.53% No change No change On or before 12/ dinitro-N1,N1- 31/2004 '' dipropyl-4- . (trifluoromethyl)- 1,3-benzene- diamine (CAS No. 29091-21-2) (provided for in subheading 2921.59.80)...... (b) Calendar Years 2005 and 2006.-- (1) In general.--Heading 9902.03.19, as added by subsection (a), is amended-- (A) by striking ``0.53%'' and inserting ``Free''; and (B) by striking ``On or before 12/31/2004'' and inserting ``On or before 12/31/2006''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on January 1, 2005. The article description for heading 9902.03.19, as added by section 1311, is amended by striking ``(provided for in subheading 3824.90.28)'' and inserting ``(provided for in subheading 3824.90.40)''. Strike section 1327 and insert the following: SEC. 1327. MAGENTA 364 LIQUID FEED. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.03.39 5-[4-(4,5-Dimethyl- Free No change No change On or before 12/ 2-sulfo- 31/2005 '' phenylamino)-6- . hydroxy- [1,3,5]triazin-2- ylamino]-4- hydroxy-3-(1- sulfonaphthalen-2- ylazo)naph- thalene-2,7- disulfonic acid, sodium ammonium salt (provided for in subheading 3204.14.30)...... Strike section 1334 and insert the following: SEC. 1334. DIRECT BLACK 175. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.03.56 Cuprate(4-), [m-[5- Free No change No change On or before 12/ [(4,5-dihydro-3- 31/2005 '' methyl-5-oxo- 1- . phenyl-1H-pyrazol- 4-yl)azo]-3-[[4- [[3,6-disulfo-2- hydroxy.kappa.O-1- naphthal- enyl]azo- .kappa.N1]-3,3- di(hydroxy- .kappa.O)[1,1- biphenyl]-4- yl]azo-.kappa.N1]- 4-(hydroxy- .kappa.O)-2,7- naphtha- lenedisulf- onato(8-)]]di-, tetrasodium (direct black 175) (CAS No. 66256-76-6) (provided for in subheading 3204.12.50)...... Strike section 1336 and insert the following: SEC. 1336. ACID BLACK 132. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.03.59 [3-(Hydroxy- Free No change No change On or before 12/ .kappa.O)-4-[[2- 31/2005 '' (hydroxy- . .kappa.O)-1- naphthalenyl]azo- .kappa.N1]-1- naphthal- enesulfonato (3- )]-[1-[[2- (hydroxy- .kappa.O)-5-[(2- methoxyphenyl]- azophenyl]-azo- .kappa.N1]-2- naphthalenolato (2-).kappa.O]-, disodium (acid black 132) (CAS No. 27425-58-7) (provided for in subheading 3204.12.20)...... Strike section 1337 and insert the following: SEC. 1337. ACID BLACK 107. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.03.61 Chromate(2-), [1- Free No change No change On or before 12/ [[2- 31/2005 '' (hydroxy.kappa.O)- . 3,5-dinitro- phenyl]azo- .kappa.N1]-2- naphthal- enolato(2-)- .kappa.O][3- (hydroxy- .kappa.O)4-[[2 (hydroxy- .kappa.O)-1- naphthalenyl]- azo.kappa.N1]-7- nitro-1- naphthalenesulfon ato(3-)]-, sodium hydrogen (acid black 107) (CAS No. 12218-96- 1) (provided for in subheading 3204.12.45)...... Strike section 1338 and insert the following: SEC. 1338. ACID YELLOW 219, ACID ORANGE 152, ACID RED 278, ACID ORANGE 116, ACID ORANGE 156, AND ACID BLUE 113. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings: `` 9902.03.62 Benzenesulfonic Free No change No change On or before 12/ acid, 3-[[3- 31/2005 methoxy-4-[(4- methoxyphenyl)- azo]phenyl]azo]-, sodium salt (acid yellow 219) (CAS No. 71819-57-3) (provided for in subheading 3204.12.50)...... 9902.03.63 Benzenesulfonic Free No change No change On or before 12/ acid, 3-[[4-[[4- 31/2005 (2-hydroxybut- oxy)phenyl]azo]-5- methoxy-2-methyl- phenyl]azo]-, monolithium salt (acid orange 152) (CAS No. 71838-37- 4) (provided for in subheading 3204.12.50)...... 9902.03.64 Chromate(1-), Free No change No change On or before 12/ bis[3-[4-[[5- 31/2005 chloro-2- (hydroxy.kappa.O)- phenyl]azo- .kappa.N1]-4,5- dihydro-3-methyl- 5-(oxo-.kappa.O)- 1H-pyrazol-1- yl]benzenesul- fonamidato(2-)]-, sodium (acid red 278) (CAS No. 71819-56-2) (provided for in subheading 3204.12.50)...... 9902.03.65 Benzenesulfonic Free No change No change On or before 12/ acid, 3-[[4-[(2- 31/2005 ethoxy-5- methylphenyl)- azo]-1-naphthal- enyl]azo]-, sodium salt (acid orange 116) (CAS No. 12220-10-9) (provided for in subheading 3204.12.50)...... 9902.03.66 Benzenesulfonic Free No change No change On or before 12/ acid, 4-[[5-meth- 31/2005 oxy-4-[(4-methoxy- phenyl)azo]-2- methyl- phenyl]azo]-, sodium salt (acid orange 156) (CAS No. 68555-86-2) (provided for in subheading 3204.12.50)...... 9902.03.67 1-Naphthalene- Free No change No change On or before 12/ sulfonic acid, 8- 31/2005 '' (phenylamino)- 5- . [[4-[(3- sulfophenyl)- azo]-1- naphthalenyl]- azo]-, disodium salt (acid blue 113) (CAS No. 3351-05-1) (provided for in subheading 3204.12.50)...... Strike section 1339. Strike section 1344 and insert the following: SEC. 1344. C 12-18 ALKENES, POLYMERS WITH 4-METHYL-1-PENTENE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.03.86 C 12-18 alkenes, Free No change No change On or before 12/ polymers with 4- 31/2005 '' methyl-1-pentene . (CAS No. 68413-03- 6) (provided for in subheading 3902.90.00)...... [[Page S2241]] Strike section 1370 and insert the following: SEC. 1370. FAST YELLOW 2 STAGE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.04.19 1,3- Free No change No change On or before 12/ Benzenedicarboxyl 31/2005 '' ic acid, 5,5- [[6- (4-morpholinyl)- 1,3,5-triazine- 2,4- diyl]bis(imino- 4,1- phenyleneazo)]bis- , ammonium/sodium/ hydrogen salt (direct yellow 173) (provided for in subheading 3204.14.30.). Strike section 1373 and insert the following: SEC. 1373. YELLOW 746 STAGE. Subchapter II of chapter 99 of is amended by inserting in numerical sequence the following new heading: `` 9902.04.26 1,3-Bipyridirium, 3- Free No change No change On or before 12/ carboxy-5-[(2- 31/2005 '' carboxy-4- . sulfophenyl)azo]- 1,2-dihydro-6- hydroxy-4-methyl-2- oxo-, inner salt, lithium/sodium salt (provided for in subheading 3204.14.30)....... Strike section 1377 and insert the following: SEC. 1377. CYAN 485/4 STAGE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.04.30 Copper, [29H,31H- Free No change No change On or before 12/ phthalo- 31/2005 '' cyaninato(2-)- . xN29,xN30,xN31,xN 32]-aminosulfonyl- [(2- hydroxyethyl)amin o]-sulfonylsulfo derivatives, sodium salt (provided for in subheading 3204.14.30)...... Strike section 1380 and insert the following: SEC. 1380. TRIFLUSULFURON METHYL FORMULATED PRODUCT. (a) Calendar Years 2004 and 2005.--Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.05.01 Mixtures of methyl 1% No change No change On or before 12/ 2-[[[[[4- 31/2005 '' (dimethylamino)- . 6-(2,2,2- trifluoroethoxy)- 1,3,5-triazin-2- yl]- amino]carbonyl]- amino]sulfonyl]-3- methylbenzoate (CAS No. 126535- 15-7) and application adjuvants (provided for in subheading 3808.30.15)...... (b) Calendar Year 2006.-- (1) In general.--Heading 9902.05.01, as added by subsection (a), is amended-- (A) by striking ``1%'' and inserting ``Free''; and (B) by striking ``On or before 12/31/2005'' and inserting ``On or before 12/31/2006''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on January 1, 2006. Strike section 1388 and insert the following: SEC. 1388. DICHLOROBENZIDINE DIHYDROCHLORIDE. (a) Calendar Year 2004.--Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.03.28 3,3-Dichlorobenzi- 6.3% + 0.2 No change No change On or before 12/ dine cents/kg 31/2004 '' dihydrochloride . (CAS No. 612-83- 9) (provided for in subheading 2921.59.80)...... (b) Calendar Years 2005 and 2006.-- (1) In general.--Heading 9902.03.28, as added by subsection (a), is amended-- (A) by striking ``6.3% + 0.2 cents/kg'' and inserting ``5.1%''; and (B) by striking ``On or before 12/31/2004'' and inserting ``On or before 12/31/2006''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on January 1, 2005. Strike section 1389 and insert the following: SEC. 1389. KRESOXIM-METHYL. (a) Calendar Year 2004.--Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.03.78 Methyl (E)- 3.3% No change Free On or before 12/ methoxyimino- 31/2004 '' [alpha-(o- . tolyloxy)-o- tolyl]- acetate (kresoxim methyl) (CAS No. 143390- 89-0) (provided for in subheading 2925.20.60)...... (b) Calendar Years 2005 and 2006.-- (1) In general.--Heading 9902.03.78, as added by subsection (a), is amended-- (A) by striking ``3.3%'' and inserting ``2.4%''; and (B) by striking ``On or before 12/31/2004'' and inserting ``On or before 12/31/2006''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on January 1, 2005. Strike sections 1392, 1393, and 1394 and insert the following: SEC. 1392. BENZENEPROPANAL, 4-(1,1-DIMETHYLETHYL)-ALPHA- METHYL. (a) Calendar Year 2004.--Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.05.08 Benzenepropanal, 4- 2.3% No change Free On or before 12/ (1,1- 31/2004 '' dimethylethyl)- . alpha-methyl- (CAS No. 80-54-6) (provided for in subheading 2912.29.60)...... (b) Calendar Years 2005 and 2006.-- (1) In general.--Heading 9902.05.08, as added by subsection (a), is amended-- (A) by striking ``2.3%'' and inserting ``1.7%''; and (B) by striking ``On or before 12/31/2004'' and inserting ``On or before 12/31/2006''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on January 1, 2005. SEC. 1393. 3,7-DICHLORO-8-QUINOLINE CARBOXYLIC ACID. (a) Calendar Year 2004.--Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.05.09 3,7-Dichloro-8- 3.9% No change Free On or before 12/ quinolinecarb- 31/2004 '' oxylic acid . (quinclorac) (CAS No. 84087-01-4) (provided for in subheading 2933.49.30)...... (b) Calendar Years 2005 and 2006.-- (1) In general.--Heading 9902.05.09, as added by subsection (a), is amended-- (A) by striking ``3.9%'' and inserting ``3.3%''; and (B) by striking ``On or before 12/31/2004'' and inserting ``On or before 12/31/2006''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on January 1, 2005. SEC. 1394. 3-(1-METHYLETHYL)-1H-2,1,3-BENZOTHIADIAZIN-4(3H)- ONE 2,2 DIOXIDE, SODIUM SALT. (a) Calendar Year 2004.--Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: [[Page S2242]] `` 9902.05.10 3-(1-Methyl- 1.8% No change Free On or before 12/ ethyl)-1H-2,1,3- 31/2004 '' benzothiadiazin- . 4(3H)-one-2,2- dioxide, sodium salt (bentazon, sodium salt) (CAS No. 50723-80-3) (provided for in subheading 2934.99.15)...... (b) Calendar Years 2005 and 2006.-- (1) In general.--Heading 9902.05.10, as added by subsection (a), is amended-- (A) by striking ``1.8%'' and inserting ``2.6%''; and (B) by striking ``On or before 12/31/2004'' and inserting ``On or before 12/31/2006''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on January 1, 2005. Strike section 1396 and insert the following: SEC. 1396. ORYZALIN. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.05.16 Oryzalin Free No change No change On or before 12/ (benzenesulfonami 31/2005 '' de, 4- . (dipropylamino)- 3,5-dinitro-) (CAS No. 19044-88- 3) (provided for in subheading 2935.00.95)...... Strike section 1409 and insert the following: SEC. 1409. CERTAIN R-CORE TRANSFORMERS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.85.04 120 volt/60 Hz Free No change No change On or before 12/ electrical 31/2005 '' transformers (the . foregoing and parts thereof provided for in subheading 8504.31.40 or 8504.90.95), with dimensions not exceeding 88 mm by 88 mm by 72 mm but at least 82 mm by 69 mm by 43 mm and each containing a layered and uncut round core with two balanced bobbins, the foregoing rated as less than 40 VA but greater than 32.2 VA with a rating number of R25........... Strike section 1411 and insert the following: SEC. 1411. BISPYRIBAC SODIUM. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.05.20 Sodium 2,6- Free No change No change On or before 12/ bis[(4,6- 31/2005 '' dimethoxypyrimidi . n-2- yl)oxy]benzoate (Bispyribac- sodium) (CAS No. 125401-92-5) (provided for in subheading 2933.59.10)...... Strike section 1414 and insert the following: SEC. 1414. UNICONAZOLE-P. Subchapter II is amended by inserting in numerical sequence the following new heading: `` 9902.05.23 (E)-(+)-(S)-1-(4- Free No change No change On or before 12/ Chlorophenyl)-4,4- 31/2005 '' dimethyl-2-(1,2,4- . triazol-1-yl)- pent-1-ene-3-ol (Uniconazole) (CAS No. 83657-22- 1), mixed with application adjuvants (provided for in subheading 3808.30.15)...... Strike section 1417 and insert the following: SEC. 1417. 2,4-XYLIDINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.05.26 2,4-Xylidine (CAS Free No change No change On or before 12/ No. 95-68-1) 31/2005 '' (provided for in . subheading 2921.49.10)...... Strike sections 1419 and 1420, and insert the following: SEC. 1419. NMSBA. (a) Calendar Year 2004.--Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.29.82 4-(Methylsulfonyl)- 0.28% No change No change On or before 12/ 2-nitrobenzoic 31/2004 '' acid (CAS No. . 110964-79-9) (provided for in subheading 2916.39.45)...... (b) Calendar Year 2005.-- (1) In general.--Heading 9902.29.82, as added by subsection (a), is amended-- (A) by striking ``0.28%'' and inserting ``0.16%''; and (B) by striking ``On or before 12/31/2004'' and inserting ``On or before 12/31/2005''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on January 1, 2005. (c) Calendar Years 2006 Through 2008.-- (1) In general.--Heading 9902.29.82, as added by subsection (a) and amended by subsection (b), is further amended-- (A) by striking ``0.16%'' and inserting ``1.1%''; and (B) by striking ``On or before 12/31/2005'' and inserting ``On or before 12/31/2008''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on January 1, 2006. SEC. 1420. CERTAIN SATELLITE RADIO BROADCASTING APPARATUS. (a) Calendar Year 2004.--Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.04.35 Reception 5.2% No change No change On or before 12/ apparatus for 31/2004 '' satellite radio . broadcasting, other than satellite radio broadcast receivers described in subheading 8527.21.40 (provided in subheading 8527.90.95)...... (b) Calendar Year 2005.-- (1) In general.--Heading 9902.04.35, as added by subsection (a), is amended-- (A) by striking ``5.2%'' and inserting ``5.4%''; and (B) by striking ``On or before 12/31/2004'' and inserting ``On or before 12/31/2005''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on January 1, 2005. (c) Calendar Year 2006.-- (1) In general.--Heading 9902.04.35, as added by subsection (a) and amended by this section, is further amended-- (A) by striking ``5.4%'' and inserting ``5.5%''; and (B) by striking ``On or before 12/31/2005'' and inserting ``On or before 12/31/2006''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on January 1, 2006. On page 137, between lines 3 and 4, insert the following: SEC. 1421. ACEPHATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: [[Page S2243]] `` 9902.30.60 O,S-Dimethyl Free No change No change On or before 12/ acetylphosphorami 31/2005 '' dothioate . (Acephate) (CAS No. 30560-19-1) (provided for in subheading 2930.90.44)...... SEC. 1422. BAGS FOR CERTAIN TOYS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.01.78 Bags (provided for Free No change No change On or before 12/ in subheading 31/2005 '' 4202.92.45) for . transporting, storing, or protecting goods of headings 9502- 9504, inclusive, imported and sold with such articles therein. On page 137, line 10, strike ``12/31/05'' and insert ``12/ 31/06''. On page 144, strike lines 3 through 4. On page 144, strike lines 5 through 7. On page 144, line 8, strike ``(81)'' and insert ``(79)''. On page 144, between lines 9 and 10, insert the following: (80) Heading 9902.32.49 (relating to 11-aminoundecanoic acid). On page 144, line 17, strike ``12/21/05'' and insert ``12/ 31/06''. On page 144, line 24, strike ``12/21/05'' and insert ``12/ 31/06''. On page 145, line 7, strike ``12/21/05'' and insert ``12/ 31/06''. On page 145, line 19, strike ``12/21/05'' and insert ``12/ 31/06''. On page 146, line 17, strike ``12/21/05'' and insert ``12/ 31/06''. On page 146, line 24, strike ``12/21/05'' and insert ``12/ 31/06''. On page 147, line 6, strike ``12/21/05'' and insert ``12/ 31/06''. On page 147, between lines 14 and 15, insert the following: (11) Certain railway cars.--Heading 9902.86.07 is amended-- (A) in the article description, by striking ``138'' and inserting ``up to 150 passengers,''; and (B) in the effective period column, by striking the date contained therein and inserting ``12/31/2006''. (12) Other railway cars.--Heading 9902.86.08 is amended-- (A) in the article description, by striking ``148'' and inserting ``140''; and (B) in the effective period column, by striking the date and inserting ``12/31/2006''. Strike section 1401. On page 147, line 19, strike ``2003'' and insert ``2004''. On page 224, before line 1, insert the following: SEC. 1636. CERTAIN RAILWAY PASSENGER COACHES. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the United States Customs Service within 180 days after the date of enactment of this Act, the Customs Service shall liquidate or reliquidate the entry described in subsection (c) as free of duty. (b) Refund of Amounts Owed.--Any amounts owed by the United States pursuant to a request for a liquidation or reliquidation of the entry under subsection (a) shall be refunded with interest within 180 days after the date on which request is made. (c) Affected Entry.--The entry referred to in subsection (a) is the entry on July 12, 2002, of railway passenger coaches (provided for in subheading 8605.00.00) (Entry number 2210888343-4). Strike section 2002 and insert the following: SEC. 2002. ARTICLES ELIGIBLE FOR PREFERENTIAL TREATMENT UNDER THE ANDEAN TRADE PREFERENCE ACT. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, and subject to subsection (c)-- (1) the entry of any article described in section 204(b)(1)(D) of the Andean Trade Preference Act (as amended by section 3103(a)(2) of the Trade Act of 2002) for which the President proclaims duty free treatment pursuant to section 204(b)(1) of such Act shall be subject to the rate of duty applicable on August 5, 2002, until such time as the President proclaims duty free treatment for such article; and (2) such entries shall be liquidated or reliquidated as if the reduced duty preferential treatment applied, and the Secretary of the Treasury shall refund any excess duties paid with respect to such entry. (b) Entry.--As used in this subsection, the term ``entry'' includes a withdrawal from warehouse for consumption. (c) Requests.--Liquidation or reliquidation may be made under paragraph (1) with respect to an entry only if a request therefore is filed with the Customs Service, within 180 days after the date of enactment of this Act, and such request contains sufficient information to enable the Customs Service-- (1) to locate the entry; or (2) to reconstruct the entry if it cannot be located. On page 257, strike lines 18 through 21 and insert the following: (d) Tariff Act of 1930.--Section 505(a) of the Tariff Act of 1930 is amended-- (1) in the first sentence-- (A) by inserting ``referred to in this subsection'' after ``periodic payment''; and (B) by striking ``10 working days'' and inserting ``12 working days''; and (2) in the second sentence, by striking ``a participating'' and all that follows through the end of the sentence and inserting the following: ``the Secretary shall promulgate regulations permitting a participating importer of record to deposit estimated duties and fees for entries of merchandise, other than merchandise entered for warehouse, transportation, or under bond, no later than the 15 working days following the month in which the merchandise is entered or released, whichever comes first.''. On page 258, between lines 20 and 21, insert the following: (g) Limitation on Customs User Fees. (1) Section 13031(b)(9)(A) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9)(A)) is amended by striking ``less than $2,000'' and inserting ``$2,000 or less''. (2) Section 13031(b)(9)(A)(ii) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9)(A)(ii)) is amended to read as follows: ``(ii) Notwithstanding subsection (e)(6) and subject to the provisions of subparagraph (B), in the case of an express consignment carrier facility or centralized hub facility-- ``(I) $.66 per individual airway bill or bill of lading; and ``(II) if the merchandise is formally entered, the fee provided for in subsection (a)(9), if applicable.''. (3) Section 13031(b)(9)(B)(ii) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9)(B)(ii)) is amended by striking ``subparagraph (A)(ii)'' and inserting ``subparagraph (A)(ii) (I) or (II)''. (h) Definition of Fabric.--Section 112(e) of the African Growth and Opportunity Act (19 U.S.C. 3721(e)) is amended by adding at the end the following: ``(4) Fabric.--The term `fabric' includes knit fabric components formed as components other than components considered as major parts.''. (i) Labeling Requirements.-- (1) In general.--Section 4(b) of the Textile Fiber Identification Act (15 U.S.C. 70b) is amended by adding at the end the following new subsection: ``(k) Marking of Certain Sock Products.-- ``(1) Notwithstanding any other provision of law, socks provided for in subheading 6115.92.90, 6115.93.90, 6115.99.18, 6111.20.60, 6111.30.50, or 6111.90.50 of the Harmonized Tariff Schedule of the United States, as in effect on September 1, 2003, shall be marked as legibly, indelibly, and permanently as the nature of the article or package will permit in such a manner as to indicate to the ultimate consumer in the United States the English name of the country of origin of the article. The marking required by this subsection shall be on the front of the package, adjacent to the size designation of the product, and shall be set forth in such a manner as to be clearly legible, conspicuous, and readily accessible to the ultimate consumer. ``(2) Exceptions.--Any package that contains several different types of goods and includes socks classified under subheading 6115.92.90, 6115.93.90, 6115.99.18, 6111.20.60, 6111.30.50, or 6111.90.50 of the Harmonized Tariff Schedule of the United States, as in effect on September 1, 2003, shall not be subject to the requirements of paragraph (1).''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on the date that is 15 months after the date of enactment of this Act, and on and after the date that is 15 months after such date of enactment, any provision of part 303 of title 16 of the Code of Federal Regulation that is inconsistent with such amendment shall not apply. (j) Entries of Certain Apparel Articles Pursuant to the Caribbean Basin Economic Recovery Act or the African Growth and Opportunity Act.-- (1) In general.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, the Customs Service shall liquidate or reliquidate as free of duty and free of any quantitative restrictions, limitations, or consultation levels entries of articles described in paragraph (4) made on or after October 1, 2000. (2) Requests.--Liquidation or reliquidation may be made under paragraph (1) with respect to an entry described in paragraph (4) only if a request therefor is filed with the Customs Service within 90 days after the date of the enactment of this Act and the request contains sufficient information to enable the Customs Service to locate the entry or reconstruct the entry if it cannot be located. (3) Payment of amounts owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of any entry under paragraph (1) shall be paid not later than 180 days after the date of such liquidation or reliquidation. [[Page S2244]] (4) Entries.--The entries referred to in paragraph (1) are-- (A) entries of apparel articles (other than socks classifiable under heading 6111 or 6115 of the Harmonized Tariff Schedule of the United States) that meet the requirements of section 213(b)(2)(A) of the Caribbean Basin Economic Recovery Act (as amended by section 3107(a) of the Trade Act of 2002 and section 2004(c) of this Act); and (B) entries of apparel articles that meet the requirements of section 112(b) of the African Growth and Opportunity Act (as amended by section 3108 of the Trade Act of 2002 and section 2004(b) of this Act). (k) Extension of Industry Trade Advisory Committees.-- (1) In general.--Section 135(f)(2) of the Trade Act of 1974 (19 U.S.C. 2155(f)(2)) is amended to read as follows: ``(2) to all other advisory committees which may be established under subsection (c) of this section, except that-- ``(A) the meetings of advisory committees established under subsections (b) and (c) of this section shall be exempt from the requirements of subsections (a) and (b) of sections 10 and 11 of the Federal Advisory Committee Act (relating to open meetings, public notice, public participation, and public availability of documents), whenever and to the extent it is determined by the President or the President's designee that such meetings will be concerned with matters the disclosure of which would seriously compromise the development by the United States Government of trade policy, priorities, negotiating objectives, or bargaining positions with respect to matters referred to in subsection (a) of this section, and that meetings may be called of such special task forces, plenary meetings of chairmen, or other such groups made up of members of the committees established under subsections (b) and (c) of this section; and ``(B) notwithstanding subsection (a)(2) of section 14 of the Federal Advisory Committee Act, any committee established under subsection (b) or (c) may, in the discretion of the President or the President's designee, terminate not later than the expiration of the 4-year period beginning on the date of their establishment.''. (2) Conforming amendment.--Section 135(b)(1) of the Trade Act of 1974 (19 U.S.C. 2155(b)(1)) is amended by striking ``2 years'' and inserting ``4 years or until the committee is scheduled to expire''. (3) Effective date.--The amendments made by this subsection shall take effect on February 1, 2006. On page 259, strike lines 6 through 8, and insert ``amounts authorized to be transferred from funds in the general fund of the Treasury not to exceed $32,000,000.'' On page 259, line 11, strike ``in the'' and insert ``authorized to the''. On page 259, begining on line 23, strike ``close of'' and all that follows through line 25, and insert ``date of enactment of the appropriations authorized under this section.'' On page 260, line 3, strike ``$16,000,000'' and insert ``an amount not to exceed $16,000,000''. On page 260, line 14, strike ``$16,000,000'' and insert ``an amount not to exceed $16,000,000''. On page 261, lines 5 through 7, strike ``, and is appropriated out of amounts in the general fund of the Treasury not otherwise appropriated,''. On page 268, after line 5, insert the following: TITLE IV--IRAQI CULTURAL ANTIQUITIES SEC. 4001. SHORT TITLE. This title may be cited as the ``Emergency Protection for Iraqi Cultural Antiquities Act of 2003''. SEC. 4002. EMERGENCY IMPLEMENTATION OF IMPORT RESTRICTIONS. (a) Authority.--The President may exercise the authority of the President under section 304 of the Convention on Cultural Property Implementation Act (19 U.S.C. 2603) with respect to any archaeological or ethnological material of Iraq as if Iraq were a State Party under that Act, except that, in exercising such authority, subsection (c) of such section shall not apply. (b) Definition.--In this section, the term ``archaeological or ethnological material of Iraq'' means cultural property of Iraq and other items of archaeological, historical, cultural, rare scientific, or religious importance illegally removed from the Iraq National Museum, the National Library of Iraq, and other locations in Iraq, since the adoption of United Nations Security Council Resolution 661 of 1990. SEC. 4003. TERMINATION OF AUTHORITY. The authority of the President under section 4002 shall terminate upon the earlier of-- (1) the date that is 5 years after the date on which the President certifies to Congress that normalization of relations between the United States and the Government of Iraq has been established; or (2) September 30, 2009. TITLE V--COTTON FABRICS SEC. 5001. TEMPORARY DUTY REDUCTIONS FOR CERTAIN COTTON SHIRTING FABRIC. (a) Certain Cotton Shirting Fabrics.-- (1) In general.--Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings: `` 9902.52.08 Woven fabrics of Free No change No change On or before 12/ cotton, all the 31/2006 foregoing certified by the importer as suitable for use in making men's and boys' shirts and as imported by or for the benefit of a manufacturer of men's and boys' shirts, subject to the quantity limitations contained in general note 18 of this subchapter (provided for in section 204(b)(3)(B)(i)(I II) of the Andean Trade Preference Act (19 U.S.C. 3203))........... 9902.52.09 Woven fabrics of Free No change No change On or before 12/ cotton, all the 31/2006 '' foregoing . certified by the importer as containing 100 percent pima cotton grown in the United States, as suitable for use in making men's and boys' shirts, and as imported by or for the benefit of a manufacturer of men's and boys' shirts (provided for in section 204(b)(3)(B)(i)(I II) of the Andean Trade Preference Act (19 U.S.C. 3203))........... (2) Definitions and limitation on quantity of imports.--The U.S. Notes to chapter 99 are amended by adding at the end the following: ``17. For purposes of subheadings 9902.52.08 and 9902.52.09, the term `making' means cutting and sewing in the United States, and the term `manufacturer' means a person or entity that cuts and sews in the United States. ``18. The aggregate quantity of cotton fabrics entered under subheading 9902.52.08 from January 1 to December 31 of each year, inclusive, by or on behalf of each manufacturer of men's and boys' shirts shall be limited to 85 percent of the total square meter equivalents of all imported cotton woven fabric used by such manufacturer in cutting and sewing men's and boys' cotton shirts in the United States and purchased by such manufacturer during calendar year 2000.''. (b) Determination of Tariff-Rate Quotas.-- (1) Authority to issue licenses and license use.--To implement the limitation on the quantity of imports of cotton woven fabrics under subheading 9902.52.08 of the Harmonized Tariff Schedule of the United States, as required by U.S. Note 18 to subchapter II of chapter 99 of such Schedule, for the entry, or withdrawal from warehouse for consumption, the Secretary of Commerce shall issue licenses designating eligible manufacturers and the annual quantity restrictions under each such license. A licensee may assign the authority (in whole or in part) to import fabric under subheading 9902.52.08 of such Schedule. (2) Licenses under u.s. note 18.--For purposes of U.S. Note 18 to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States, as added by subsection (a)(2), a license shall be issued within 60 days of an application containing a notarized affidavit from an officer of the manufacturer that the manufacturer is eligible to receive a license and stating the quantity of imported cotton woven fabric purchased during calendar year 2000 for use in the cutting and sewing men's and boys' shirts in the United States. (3) Affidavits.--For purposes of an affidavit described in this subsection, the date of purchase shall be-- (A) the invoice date if the manufacturer is not the importer of record; and (B) the date of entry if the manufacturer is the importer of record. SEC. 5002. COTTON TRUST FUND. (a) In General.--There is established in the Treasury of the United States a trust fund to be known as the ``Pima Cotton Trust Fund'', consisting of amounts authorized to be transferred from funds in the general fund of the Treasury not to exceed $32,000,000. (b) Grants.-- (1) General purpose.--From amounts authorized to the Pima Cotton Trust Fund, the Secretary of Commerce is authorized to provide grants to spinners of United States grown pima cotton, manufacturers of men's and boys' cotton shirting, and a nationally recognized association that promotes the use of pima cotton grown in the United States, to assist such spinners and manufacturers in maximizing United States employment in the production of textile or apparel products and to increase the promotion of the use of United States grown pima cotton respectively. (2) Timing for grant awards.--The Secretary of the Treasury shall, not later than 180 days after the date of enactment of this section, establish guidelines for the application and awarding of the grants described in paragraph (1), and shall award such grants to qualified applicants not later than 90 days after the date of enactment of the appropriations authorized under this section. Each grant awarded under this section shall be distributed to the qualified applicant in 2 equal annual installments. (3) Distribution of funds.--Of the amounts in the Pima Cotton Trust Fund-- (A) an amount not to exceed $8,000,000 shall be made available to a nationally recognized association established for the promotion of [[Page S2245]] pima cotton grown in the United States for the use in textile and apparel goods; (B) an amount not to exceed $8,000,000 shall be made available to yarn spinners of pima cotton grown in the United States, and shall be allocated to each spinner based on the percentage of the spinner's production of ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), from pima cotton grown in the United States in single and plied form during calendar year 2002 (as evidenced by an affidavit provided by the spinner), compared to the production of such yarns for all spinners who qualify under this subparagraph; and (C) an amount not to exceed $16,000,000 shall be made available to manufacturers who cut and sew cotton shirts in the United States and that certify that they used imported cotton fabric during the period January 1, 1998, through July 1, 2003, and shall be allocated to each manufacturer on the bases of the dollar value (excluding duty, shipping, and related costs) of imported woven cotton shirting fabric of 80s or higher count and 2-ply in warp purchased by the manufacturer during calendar year 2002 (as evidenced by an affidavit from the manufacturer) used in the manufacturing of men's and boys' cotton shirts, compared to the dollar value (excluding duty, shipping, and related costs) of such fabric for all manufacturers who qualify under this subparagraph. (4) Affidavit of shirting manufacturers.--For purposes of paragraph (3)(C), an officer of the manufacturer of men's and boys' shirts shall provide a notarized affidavit affirming-- (A) that the manufacturer used imported cotton fabric during the period January 1, 1998, through July 1, 2003, to cut and sew men's and boys' woven cotton shirts in the United States; (B) the dollar value of imported woven cotton shirting fabric of 80s or higher count and 2-ply in warp purchased during calendar year 2002; (C) that the manufacturer maintains invoices along with other supporting documentation (such as price lists and other technical descriptions of the fabric qualities) showing the dollar value of such fabric purchased, the date of purchase, and evidencing the fabric as woven cotton fabric of 80s or higher count and 2-ply in warp; and (D) that the fabric was suitable for use in the manufacturing of men's and boys' cotton shirts. (5) Date of purchase.--For purposes of the affidavit required by paragraph (4), the date of purchase shall be the invoice date, and the dollar value shall be determined excluding duty, shipping, and related costs. (6) Affidavit of yarn spinners.--For purposes of paragraph (3)(B), an officer of a company that produces ringspun yarns shall provide a notarized affidavit affirming-- (A) that the manufacturer used pima cotton grown in the United States during the period January 1, 2002, through December 31, 2002, to produce ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during 2002; (B) the quantity, measured in pounds, of ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during calendar year 2002; and (C) that the manufacturer maintains supporting documentation showing the quantity of such yarns produced, and evidencing the yarns as ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during calendar year 2002. (7) No appeal.--Any grant awarded by the Secretary under this section shall be final and not subject to appeal or protest. (c) Authorization.--There is authorized to be appropriated such sums as are necessary to carry out the provisions of this section, including funds necessary for the administration and oversight of the grants provided for in this section. TITLE VI--Technical Amendments Relating to Entry and Protest SEC. 6001. ENTRY OF MERCHANDISE. (a) In General.--Section 484(a) of the Tariff Act of 1930 (19 U.S.C. 1484) is amended-- (1) by amending paragraph (1)(A) to read as follows: ``(A) make entry therefor by filing with the Customs Service-- ``(i) such documentation; or ``(ii) pursuant to an electronic data interchange system, such information as is necessary to enable the Customs Service to determine whether the merchandise may be released from customs custody; and''; (2) in paragraph (1)(B), by inserting after ``entry'' the following: ``, or substitute 1 or more reconfigured entries on an import activity summary statement,''; and (3) in paragraph (2)(A)-- (A) by inserting after ``statements'' the following: ``and permit the filing of reconfigured entries,''; and (B) by adding at the end the following: ``Entries filed under paragraph (1)(A) shall not be liquidated if covered by an import activity summary statement, but instead each reconfigured entry in the import activity summary statement shall be subject to liquidation or reliquidation pursuant to section 500, 501, or 504.''. (b) Reconciliation.--Section 484(b)(1) of the Tariff Act of 1930 (19 U.S.C. 1484(b)(1)) is amended by striking ``15 months'' and inserting ``21 months''. SEC. 6002. LIMITATION ON LIQUIDATIONS. Section 504 of the Tariff Act of 1930 (19 U.S.C. 1504) is amended-- (1) in subsection (a)-- (A) by striking ``or'' at the end of paragraph (3); (B) in paragraph (4), by striking ``filed;'' and inserting ``filed, whichever is earlier; or''; and (C) by inserting after paragraph (4) the following: ``(5) if a reconfigured entry is filed under an import activity summary statement, the date the import activity summary statement is filed or should have been filed, whichever is earlier;''; and (2) by striking ``at the time of entry'' each place it appears. SEC. 6003. PROTESTS. Section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``(relating to refunds and errors) of this Act'' and inserting ``(relating to refunds), any clerical error, mistake of fact, or other inadvertence, whether or not resulting from or contained in an electronic transmission, adverse to the importer, in any entry, liquidation, or reliquidation, and''; (B) in paragraph (5), by inserting ``, including the liquidation of an entry, pursuant to either section 500 or section 504;'' after ``thereof''; and (C) in paragraph (7), by striking ``(c) or''; and (2) in subsection (c)-- (A) in paragraph (1), in the sixth sentence, by striking ``A protest may be amended,'' and inserting ``Unless a request for accelerated disposition is filed under section 515(b), a protest may be amended,''; (B) in paragraph (3)(A), by striking ``notice of'' and inserting ``date of''; and (C) in paragraph (3)-- (i) by striking ``ninety days'' and inserting ``180 days''; and (ii) by striking ``90 days'' and inserting ``180 days'' . SEC. 6004. REVIEW OF PROTESTS. Section 515(b) of the Tariff Act of 1930 (19 U.S.C 1515(b)) is amended by striking ``after ninety days'' and inserting ``concurrent with or''. SEC. 6005. REFUNDS AND ERRORS. Section 520(c) of the Tariff Act of 1930 (19 U.S.C 1520(c)) is repealed. SEC. 6006. DEFINITIONS AND MISCELLANEOUS PROVISIONS. Section 401 of the Tariff Act of 1930 (19 U.S.C 1401) is amended by adding at the end the following: ``(t) Reconfigured Entry.--The term `reconfigured entry' means an entry filed on an import activity summary statement which substitutes for all or part of 1 or more entries filed under section 484(a)(1)(A) or filed on a reconciliation entry that aggregates the entry elements to be reconciled under section 484(b) for purposes of liquidation, reliquidation, or protest.''. SEC. 6007. VOLUNTARY RELIQUIDATIONS. Section 501 of the Tariff Act of 1930 (19 U.S.C 1501) is amended by inserting ``or 504'' after ``section 500''. SEC. 6008. EFFECTIVE DATE. The amendments made by this title shall apply to merchandise entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. TITLE VII--EXTENSION OF SUSPENSIONS SEC. 7001. EXTENSION OF DUTY SUSPENSIONS. Except as provided in sections 1303, 1309, 1380, 1388, 1389, 1392, 1393, 1394, 1419, and 1420, each of the headings of the Harmonized Tariff Schedule added by chapter 1 of subtitle A of title I is amended by striking the date in the effective period column and inserting ``12/31/2006''. ______ SA 2679. Mr. VOINOVICH submitted an amendment intended to be proposed by him to the bill S. 1637, to amend the Internal Revenue Code of 1986 to comply with the World Trade Organization rulings on the FSC/ETI benefit in a manner that preserves jobs and production activities in the United States, to reform and simplify the international taxation rules of the United States, and for other purposes; which was ordered to lie on the table; as follows: At the end of the bill, add the following: TITLE V--MISCELLANEOUS PROVISIONS SEC. 501. SENSE OF THE SENATE. (a) Findings.--The Senate makes the following findings: (1) Manufacturing is critical to the health of the United States economy, generating high quality products, personal opportunity, careers, wealth, high standards of living, and economic growth. (2) In July 2000 the manufacturing sector slipped into recession and since has lost 2,700,000 high paying manufacturing jobs, while the rest of the economy has added 623,000 jobs. (3) The manufacturing sector faces intense global competition, making it difficult for many firms to operate profitably and earn a sufficient return on capital invested. (4) The manufacturing sector in the United States seeks a global level playing field for competition and markets. (5) China entered the World Trade Organization (WTO) in December 2001 and agreed to abide by the commitments ascribed in its accession. [[Page S2246]] (6) United States investors and exporters recognize the opportunity of doing business with China but have raised serious concerns that many of the commitments China made upon joining the WTO have not yet been implemented or implementation has been inadequate. (7) A clear example of injury committed by China to a United States industry can be found in the United States candle industry, where between 1997 and 2002, imports of wax candles from China increased from 46,000,000 pounds to 174,000,000 pounds and where in 2002 alone, the United States candle industry lost 128,000,000 pounds in sales to the Chinese. (8) Market barriers and unfair trade practices continue to exist in China, including high tariffs, subsidies, technical trade restrictions, counterfeiting, violations of intellectual property rights, and nonmarket-based industrial, economic, and financial policies that limit United States exports. (9) United States manufacturers will not be able to achieve a fair and level playing field with their Chinese counterparts because of the costs associated with the United States regulatory framework, e.g., compliance with labor and environmental regulations, as well as healthcare costs, which are non-existent costs for Chinese companies. (10) The currency of China, the yuan, has been fixed relative to the United States dollar since 1994. (11) A systemically misvalued currency by any large country can have damaging trade-distorting effects on both that country and its trading partners by decreasing the price of exports of products of that country and increasing the price of imports to that country. (12) The market-based valuation of currencies is a key component to resilient global trading systems by enabling smoother transitions to reflect underlying economic fundamentals in a country. (13) The President's Chairman of the Council of Economic Advisors recently described the outsourcing of American jobs overseas ``as a good thing'' and said, ``outsourcing is just a new way of doing international trade''. (14) Job retention and creation are essential to the economic stability of the United States and the administration should pursue policies that serve as an engine for economic growth, higher wage jobs, and increased productivity. (15) A salient example of the trade barriers faced by United States manufacturers is the lack of adequate intellectual property protection and enforcement in the markets of some of America's major trading partners. (16) For United States manufacturers, protection of intellectual property is not an abstract concept. America's competitive edge ensues directly from innovation and rising productivity. Intellectual property protection is the best means for ensuring that American manufacturers enjoy the benefits of their investments in research and development and of their efforts to raise productivity. (17) To the extent that United States investment in research and development provides a competitive edge in the marketplace, the protection of the intellectual property developed by United States manufacturers, which embodies the product of that research, becomes critical to the future of the manufacturing sector. (18) It is estimated that counterfeits account for 15 to 20 percent of all products made in China and accounts for about 8 percent of China's Gross Domestic Product. (19) Industry analysts estimate that intellectual property rights piracy in China cost United States firms $1,850,000,000 in lost sales in 2002. (20) Under the terms of China's WTO accession, China agreed to immediately bring its intellectual property rights laws in compliance with the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). (b) Sense of Senate.--It is the sense of the Senate that-- (1) the United States Trade Representative should continue to actively encourage China's compliance with its WTO commitments, specifically with regard to intellectual property rights violations; (2) the Secretary of the Treasury should encourage the Chinese to make the significant structural reforms, particularly in the banking sector, to ensure that China can effectively adopt a more flexible exchange rate regime; (3) the Senate urges the President, the Secretary of the Treasury, and the United States Trade Representative to continue their strong dialogue with China, and if these discussions fail to produce immediate, meaningful results, the Senate urges the United States Trade Representative to commence a review under section 301 of the Trade Act of 1974; (4) the Senate should oppose any efforts to encourage the outsourcing of American jobs overseas; (5) the Senate should adopt legislation providing for a manufacturing tax incentive to encourage job creation in the United States and oppose efforts to make it cheaper to send jobs overseas; (6) the Secretary of Commerce should aggressively pursue those foreign producers and importers who have violated United States trade law and when violations have resulted in the injury of United States industry, the Secretary of Commerce should impose the maximum penalty within the confines of our trade laws; (7) the United States Trade Representative should promote the protection of United States intellectual property abroad by expanding cooperative efforts with developing country trading partners to encourage the full implementation of their obligations under the WTO's Agreement on Trade Related Aspects of Intellectual Property (TRIPS); (8) the administration should pursue a policy of aggressive investigation of allegations of theft of intellectual property, particularly allegations in which American manufacturers are compelled to divulge intellectual property as a condition of market access or investment; and (9) the administration should pursue a policy of aggressive enforcement of our existing intellectual property laws, and in so doing, shall continue to work hand in hand with business and industry to identify and prosecute counterfeiters. ______ SA 2680. Mr. McCONNELL (for himself and Mr. Frist) proposed an amendment to amendment SA 2660 proposed by Mr. Dodd (for himself, Mr. Coleman, Mr. Kennedy, Mr. Corzine, Ms. Mikulski, and Mr. Feingold) to the bill S. 1637, to amend the Internal Revenue Code of 1986 to comply with the World Trade Organization rulings on the FSC/ETI benefit in a manner that preserves jobs and production activities in the United States, to reform and simplify the international taxation rules of the United States, and for other purposes; as follows: On page 7, strike lines 10 through 14 and insert the following: This title and the amendments made by this title shall take effect 30 days after the Secretary of Commerce certifies that the amendments made by this title will not result in the loss of more jobs than it will protect and will not cause harm to the U.S. economy. Such certification must be renewed on or before January 1 of each year in order for the amendments made by this title to be in effect for that year. ______ SA 2681. Mr. LEVIN (for himself and Mr. Voinovich) submitted an amendment intended to be proposed by him to the bill S. 1637, to amend the Internal Revenue Code of 1986 to comply with the World Trade Organization rulings on the FSC/ETI benefit in a manner that preserves jobs and production activities in the United States, to reform and simplify the international taxation rules of the United States, and for other purposes; which was ordered to lie on the table; as follows: At the end of the bill, add the following: TITLE V--MISCELLANEOUS PROVISIONS SEC. 501. SENSE OF CONGRESS REGARDING NEGOTIATING, IN THE UNITED STATES-THAILAND FREE TRADE AGREEMENT, ACCESS TO THE UNITED STATES AUTOMOBILE INDUSTRY. (a) Findings.--Congress makes the following findings: (1) The United States Trade Representative recently announced an intention to negotiate a free trade agreement (FTA) with Thailand. (2) Properly structured FTAs may have important benefits for the United States, and a bilateral free trade agreement program pursued under a coherent policy and strategy may play an important role in United States trade policy. (3) The global automobile market is subject to inherently multilateral problems that need to be addressed on a multilateral basis, including numerous, widespread, and complex nontariff barriers maintained by major producing countries. (4) Providing Thailand privileged access to critical segments of the United States automobile market would significantly erode United States leverage to negotiate reductions to global automobile market distortions in multilateral negotiations, because producers from third countries would be able to benefit from the privileged access of Thailand under the FTA. (5) Thailand is the second largest source of pick-up truck production in the world, with many major automobile manufacturers from outside of Thailand producing pick-up trucks there. (6) Thailand's Board of Investment has actively been recruiting automobile producers from outside of Thailand, including Japan, South Korea, and India, to produce automobiles in Thailand, and some of these producers have cited Thailand's privileged access to foreign markets through FTAs as a rationale for setting up production in Thailand. (7) Many of these producers from outside of Thailand have moved their pick-up truck production out of their home countries and into Thailand in order to make Thailand their global pick-up truck production and export bases. (8) As a result of this activity by automobile producers from outside of Thailand, pick-up truck production in Thailand will soon approach 1,000,000 units annually, and could grow even larger. (9) Given these facts, if Thailand were given privileged access to critical segments of the United States automobile market in an FTA, it could be used by third-country automobile producers as a backdoor into the [[Page S2247]] United States market; however, Japan, South Korea, India, and other major producing countries would not be required to reduce their tariff and nontariff barriers to United States automobile producers, and in fact the tariff and nontariff barriers maintained by those countries would continue to distort global markets and restrict the access of United States exports to markets in those countries. (10) Given that these third-country producers would already have privileged access to the United States market through the United States-Thailand FTA, their home countries would have less incentive to address the inherently multilateral problems in the global automobile market through negotiations on a multilateral basis. (11) The United States automobile industry is a major driver of the United States economy--accounting annually for between 3 and 4 percent of the gross domestic product (GDP) of the United States, leading all United States industries in annual research and development spending, directly employing over 500,000 highly skilled and efficient workers in jobs that pay on average 60 percent higher than the average United States job, and supporting the jobs of over 7,000,000 other workers--and it has played a critical role in efforts to revive the United States economy. (b) Sense of Congress.--It is the sense of Congress that negotiations on access to critical segments of the United States automobile market should not take place on a piecemeal basis, but only-- (1) as part of negotiations that include all major automobile producing nations; and (2) as part of comprehensive negotiations that address both tariff and nontariff barriers specific to the automobile industry, with progress on eliminating tariff barriers explicitly linked to concrete progress on eliminating nontariff barriers. ______ SA 2682. Mr. SMITH (for himself, Mrs. Lincoln, Mr. Bunning, Mr. Wyden, Mr. Specter, Mr. Breaux, and Mr. Kohl) submitted an amendment intended to be proposed by him to the bill S. 1637, to amend the Internal Revenue Code of 1986 to comply with the World Trade Organization rulings on the FSC/ETI benefit in a manner that preserves jobs and production activities in the United States, to reform and simplify the international taxation rules of the United States, and for other purposes; which was ordered to lie on the table; as follows: On page 179, after line 25, insert the following: SEC. __. PREMIUMS FOR MORTGAGE INSURANCE. (a) In General.--Paragraph (3) of section 163(h) (relating to qualified residence interest) is amended by adding after subparagraph (D) the following new subparagraph: ``(E) Mortgage insurance premiums treated as interest.-- ``(i) In general.--Premiums paid or accrued for qualified mortgage insurance by a taxpayer during the taxable year in connection with acquisition indebtedness with respect to a qualified residence of the taxpayer shall be treated for purposes of this subsection as qualified residence interest. ``(ii) Phaseout.--The amount otherwise allowable as a deduction under clause (i) shall be reduced (but not below zero) by 10 percent of such amount for each $1,000 ($500 in the case of a married individual filing a separate return) (or fraction thereof) that the taxpayer's adjusted gross income for the taxable year exceeds $100,000 ($50,000 in the case of a married individual filing a separate return).''. (b) Definition and Special Rules.--Paragraph (4) of section 163(h) (relating to other definitions and special rules) is amended by adding at the end the following new subparagraphs: ``(E) Qualified mortgage insurance.--The term `qualified mortgage insurance' means-- ``(i) mortgage insurance provided by the Home Loan Guaranty Program of the Department of Veterans Affairs, the Federal Housing Administration, or the Rural Housing Administration, and ``(ii) private mortgage insurance (as defined by section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as in effect on the date of the enactment of this subparagraph). ``(F) Special rules for prepaid qualified mortgage insurance.--Any amount paid by the taxpayer for qualified mortgage insurance that is properly allocable to any mortgage the payment of which extends to periods that are after the close of the taxable year in which such amount is paid shall be chargeable to capital account and shall be treated as paid in such periods to which so allocated. No deduction shall be allowed for the unamortized balance of such account if such mortgage is satisfied before the end of its term. The preceding sentences shall not apply to amounts paid for qualified mortgage insurance provided by the Department of Veterans Affairs or the Rural Housing Administration.''. (c) Information Returns Relating to Mortgage Insurance.-- Section 6050H (relating to returns relating to mortgage interest received in trade or business from individuals) is amended by adding at the end the following new subsection: ``(h) Returns Relating to Mortgage Insurance Premiums.-- ``(1) In general.--The Secretary may prescribe, by regulations, that any person who, in the course of a trade or business, receives from any individual premiums for mortgage insurance aggregating $600 or more for any calendar year, shall make a return with respect to each such individual. Such return shall be in such form, shall be made at such time, and shall contain such information as the Secretary may prescribe. ``(2) Statement to be furnished to individuals with respect to whom information is required.--Every person required to make a return under paragraph (1) shall furnish to each individual with respect to whom a return is made a written statement showing such information as the Secretary may prescribe. Such written statement shall be furnished on or before January 31 of the year following the calendar year for which the return under paragraph (1) was required to be made. ``(3) Special rules.--For purposes of this subsection-- ``(A) rules similar to the rules of subsection (c) shall apply, and ``(B) the term `mortgage insurance' means-- ``(i) the Home Loan Guaranty Program of the Department of Veterans Affairs, and mortgage insurance provided by the Federal Housing Administration or the Rural Housing Administration, and ``(ii) private mortgage insurance (as defined by section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as in effect on the date of the enactment of this subparagraph).''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or accrued after the date of enactment of this Act in taxable years ending after such date. ______ SA 2683. Mr. SANTORUM (for himself, Mr. Nelson of Florida, and Mr. Kyl) submitted an amendment intended to be proposed by him to the bill S. 1637, to amend the Internal Revenue Code of 1986 to comply with the World Trade Organization rulings on the FSC/ETI benefit in a manner that preserves jobs and production activities in the United States, to reform and simplify the international taxation rules of the United States, and for other purposes; which was ordered to lie on the table; as follows: On page 166 of amendment number 2645, as agreed to, between lines 15 and 16, insert the following: SEC. __. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS ENTERTAINMENT COMPLEXES. (a) 7-Year Property.--Subparagraph (C) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to classification of certain property) is amended by redesignating clause (ii) as clause (iii) and by inserting after clause (i) the following new clause: ``(ii) any motorsports entertainment complex, and''. (b) Definition.--Section 168(i) of such Code (relating to definitions and special rules) is amended by adding at the end the following new paragraph: ``(15) Motorsports entertainment complex.-- ``(A) In general.--The term `motorsports entertainment complex' means a racing track facility that is permanently situated on land and which during the applicable period is scheduled to host one or more racing events for automobiles (of any type), trucks, or motorcycles that are open to the public for the price of admission. ``(B) Ancillary and support facilities.--Such term shall include, if owned by the complex and provided for the benefit of patrons of the complex-- ``(i) ancillary grounds and facilities and land improvements in support of the complex's activities (including parking lots, sidewalks, waterways, bridges, fences, and landscaping), ``(ii) support facilities (including food and beverage retailing, souvenir vending, and other nonlodging accommodations), and ``(iii) appurtenances associated with such facilities and related attractions and amusements (including ticket booths, race track surfaces, suites and hospitality facilities, grandstands and viewing structures, props, walls, facilities that support the delivery of entertainment services, other special purpose structures, facades, shop interiors, and buildings). ``(C) Exception.--Such term shall not include any transportation equipment, administrative services assets, warehouses, administrative buildings, hotels, or motels. ``(D) Applicable period.--For purposes of subparagraph (A), the term `applicable period' means the period ending the later of the last day of-- ``(i) the 24 month period following the first day of the month in which the asset is or was placed in service, or ``(ii) the 24 month period ending December 31, 2003, to the extent that the asset remains in service during such period.''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply to any property placed in service before, on, or after the date of the enactment of this Act. (2) Transition rule for property placed in service on or before enactment.--In the case of property placed in service on or before the date of the enactment of this Act, [[Page S2248]] the taxpayer may elect (in such form and manner as the Secretary may prescribe), not to apply section 168 of the Internal Revenue Code of 1986 (as amended by this section) to such property. ______ SA 2684. Ms. CANTWELL submitted an amendment intended to be proposed by her to the bill S. 1637, to amend the Internal Revenue Code of 1986 to comply with the World Trade Organization rulings on the FSC/ETI benefit in a manner that preserves jobs and production activities in the United States, to reform and simplify the international taxation rules of the United States, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: TITLE __--UNEMPLOYMENT COMPENSATION SEC. __01. EXTENSION OF THE TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION ACT OF 2002. (a) In General.--Section 208 of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 30), as amended by Public Law 108-1 (117 Stat. 3) and the Unemployment Compensation Amendments of 2003 (Public Law 108-26; 117 Stat. 751), is amended-- (1) in subsection (a)(2), by striking ``December 31, 2003'' and inserting ``June 30, 2004''; (2) in subsection (b)(1), by striking ``December 31, 2003'' and inserting ``June 30, 2004''; (3) in subsection (b)(2)-- (A) in the heading, by striking ``december 31, 2003'' and inserting ``june 30, 2004''; and (B) by striking ``December 31, 2003'' and inserting ``June 30, 2004''; and (4) in subsection (b)(3), by striking ``March 31, 2004'' and inserting ``September 30, 2004''. (b) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21). SEC. __02. ADDITIONAL REVISION TO CURRENT TEUC-X TRIGGER. (a) In General.--Section 203(c)(2)(B) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 30) is amended to read as follows: ``(B) such a period would then be in effect for such State under such Act if-- ``(i) section 203(d) of such Act were applied as if it had been amended by striking `5' each place it appears and inserting `4'; and ``(ii) with respect to weeks of unemployment beginning after December 27, 2003-- ``(I) paragraph (1)(A) of such section 203(d) did not apply; and ``(II) clause (ii) of section 203(f)(1)(A) of such Act did not apply.''. (b) Application.--Section 203(c)(2)(B)(ii) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 30), as added by subsection (a), shall apply with respect to payments for weeks of unemployment beginning on or after the date of enactment this Act. SEC. __03. TEMPORARY STATE AUTHORITY TO WAIVE APPLICATION OF LOOKBACKS UNDER THE FEDERAL-STATE EXTENDED UNEMPLOYMENT COMPENSATION ACT OF 1970. For purposes of conforming with the provisions of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note), a State may, during the period beginning on the date of enactment of this Act and ending on June 30, 2004, waive the application of either subsection (d)(1)(A) of section 203 of such Act or subsection (f)(1)(A)(ii) of such section, or both. ______ SA 2685. Mr. THOMAS (for Mr. McCain (for himself and Mr. Warner)) proposed an amendment to amendment SA 2660 proposed by Mr. Dodd (for himself, Mr. Coleman, Mr. Kennedy, Mr. Corzine, Ms. Mikulski, and Mr. Feingold) to the bill S. 1637, to amend the Internal Revenue Code of 1986 to comply with the World Trade Organization rulings on the FSC/ETI benefit in a manner that preserves jobs and production activities in the United States, to reform and simplify the international taxation rules of the United States, and for other purposes; as follows: On page 5, insert after line 16 the following: (e) National Security Exemption.--Subsection (b) shall not apply to any procurement for national security purposes entered into by: (1) the Department of Defense or any agency or entity thereof; (2) the Department of the Army, the Department of the Navy, the Department of the Air Force, or any agency or entity of any of the military departments; (3) the Department of Homeland Security; (4) the Department of Energy or any agency or entity thereof, with respect to the national security programs of that Department; or (5) any element of the intelligence community. ______ SA 2686. Mr. BUNNING (for himself, Ms. Stabenow, Mrs. Feinstein, Mr. Levin, Mr. Kohl, and Mr. Rockefeller) proposed an amendment to the bill S. 1637, to amend the Internal Revenue Code of 1986 to comply with the World Trade Organization rulings on the FSC/ETI benefit in a manner that preserves jobs and production activities in the United States, to reform and simplify the international taxation rules of the United States, and for other purposes; as follows: On page 71, strike lines 17 through 21, and the matter before line 22, and insert the following: ``(2) Phasein.--In the case of taxable years beginning in 2004, 2005, 2006, 2007, or 2008, paragraph (1) shall be applied by substituting for the percentage contained therein the transition percentage determined under the following table: ``Taxable years The transition beginning in: percentage is: 2004, 2005, or 2006................................................. 5 2007................................................................ 6 2008................................................................ 7. ______ SA 2687. Mr. GRASSLEY (for Mr. Bayh (for himself, Mr. Santorum, Mr. Bunning, Mr. Grassley, Mr. Baucus, and Mr. Dorgan)) proposed an amendment to amendment SA 2686 proposed by Mr. Bunning (for himself, Ms. Stabenow, Mrs. Feinstein, Mr. Levin, Mr. Kohl, and Mr. Rockefeller) to the bill S. 1637, to amend the Internal Revenue Code of 1986 to comply with the World Trade Organization rulings on the FSC/ETI benefit in a manner that preserves jobs and production activities in the United States, to reform and simplify the international taxation rules of the United States, and for other purposes; as follows: At the end of the amendment add the following: TITLE V--EXTENSIONS OF CERTAIN EXPIRING PROVISIONS Subtitle A--Extensions SEC. 501. PARITY IN THE APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH BENEFITS. (a) In General.--Section 9812(f) is amended-- (1) by striking ``and'' at the end of paragraph (1), and (2) by striking paragraph (2) and inserting the following new paragraphs: ``(2) on or after January 1, 2004, and before the date of the enactment of the Jumpstart Our Business Strength (JOBS) Act, and ``(3) after December 31, 2005.''. (b) ERISA.--Section 712(f) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a(f)) is amended by striking ``on or after December 31, 2004'' and inserting ``after December 31, 2005''. (c) PHSA.--Section 2705(f) of the Public Health Service Act (42 U.S.C. 300gg-5(f)) is amended by striking ``on or after December 31, 2004'' and inserting ``after December 31, 2005''. (d) Effective Dates.-- (1) Subsection (a).--The amendments made by subsection (a) shall apply to benefits for services furnished on or after December 31, 2003. (2) Subsections (b) and (c).--The amendments made by subsections (b) and (c) shall apply to benefits for services furnished on or after December 31, 2004. SEC. 502. MODIFICATIONS TO WORK OPPORTUNITY CREDIT AND WELFARE-TO-WORK CREDIT. (a) Extension of Credit.-- (1) Subparagraph (B) of section 51(c)(4) is amended by striking ``December 31, 2003'' and inserting ``December 31, 2005''. (2) Subsection (f) of section 51A is amended by striking by striking ``December 31, 2003'' and inserting ``December 31, 2005''. (b) Eligibility of Ex-Felons Determined Without Regard to Family Income.--Paragraph (4) of section 51(d) is amended by adding ``and'' at the end of subparagraph (A), by striking ``, and'' at the end of subparagraph (B) and inserting a period, and by striking all that follows subparagraph (B). (c) Increase in Maximum Age for Eligibility of Food Stamp Recipients.--Clause (i) of section 51(d)(8)(A) is amended by striking ``25'' and inserting ``40''. (d) Increase in Maximum Age for Designated Community residents.-- (1) In general.--Paragraph (5) of section 51(d) is amended to read as follows: ``(5) Designated community residents.-- ``(A) In general.--The term `designated community resident' means any individual who is certified by the designated local agency-- ``(i) as having attained age 18 but not age 40 on the hiring date, and ``(ii) as having his principal place of abode within an empowerment zone, enterprise community, or renewal community. ``(B) Individual must continue to reside in zone or community.--In the case of a designated community resident, the term `qualified wages' shall not include wages paid or incurred for services performed while the individual's principal place of abode is outside an empowerment zone, enterprise community, or renewal community.'' (2) Conforming amendment.--Subparagraph (D) of section 51(d)(1) is amended to read as follows: ``(D) a designated community resident,''. (e) Clarification of Treatment of Individuals Under Individual Work Plans.--Subparagraph (B) of section 51(d)(6) (relating to vocational rehabilitation referral) is amended by striking ``or'' at the end of [[Page S2249]] clause (i), by striking the period at the end of clause (ii) and inserting ``, or'', and by adding at the end the following new clause: ``(iii) an individual work plan developed and implemented by an employment network pursuant to subsection (g) of section 1148 of the Social Security Act with respect to which the requirements of such subsection are met.'' (f) Effective Dates.-- (1) Extension of credits.--The amendments made by subsection (a) shall apply to individuals who begin work for the employer after December 31, 2003. (2) Modifications.--The amendments made by subsections (b), (c), (d), and (e) shall apply to individuals who begin work for the employer after December 31, 2004. SEC. 503. CONSOLIDATION OF WORK OPPORTUNITY CREDIT WITH WELFARE-TO-WORK CREDIT. (a) In General.--Paragraph (1) of section 51(d) is amended by striking ``or'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(I) a long-term family assistance recipient.'' (b) Long-Term Family Assistance Recipient.--Subsection (d) of section 51 is amended by redesignating paragraphs (10) through (12) as paragraphs (11) through (13), respectively, and by inserting after paragraph (9) the following new paragraph: ``(10) Long-term family assistance recipient.--The term `long-term family assistance recipient' means any individual who is certified by the designated local agency-- ``(A) as being a member of a family receiving assistance under a IV-A program (as defined in paragraph (2)(B)) for at least the 18-month period ending on the hiring date, ``(B)(i) as being a member of a family receiving such assistance for 18 months beginning after August 5, 1997, and ``(ii) as having a hiring date which is not more than 2 years after the end of the earliest such 18-month period, or ``(C)(i) as being a member of a family which ceased to be eligible for such assistance by reason of any limitation imposed by Federal or State law on the maximum period such assistance is payable to a family, and ``(ii) as having a hiring date which is not more than 2 years after the date of such cessation.'' (c) Increased Credit for Employment of Long-Term Family Assistance Recipients.--Section 51 is amended by inserting after subsection (d) the following new subsection: ``(e) Credit for Second-Year Wages for Employment of Long- Term Family Assistance Recipients.-- ``(1) In general.--With respect to the employment of a long-term family assistance recipient-- ``(A) the amount of the work opportunity credit determined under this section for the taxable year shall include 50 percent of the qualified second-year wages for such year, and ``(B) in lieu of applying subsection (b)(3), the amount of the qualified first-year wages, and the amount of qualified second-year wages, which may be taken into account with respect to such a recipient shall not exceed $10,000 per year. ``(2) Qualified second-year wages.--For purposes of this subsection, the term `qualified second-year wages' means qualified wages-- ``(A) which are paid to a long-term family assistance recipient, and ``(B) which are attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such recipient determined under subsection (b)(2). ``(3) Special rules for agricultural and railway labor.--If such recipient is an employee to whom subparagraph (A) or (B) of subsection (h)(1) applies, rules similar to the rules of such subparagraphs shall apply except that-- ``(A) such subparagraph (A) shall be applied by substituting `$10,000' for `$6,000', and ``(B) such subparagraph (B) shall be applied by substituting `$833.33' for `$500'.'' (d) Repeal of Separate Welfare-to-Work Credit.-- (1) In general.--Section 51A is hereby repealed. (2) Clerical amendment.--The table of sections for subpart F of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 51A. (e) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2004. SEC. 504. QUALIFIED ZONE ACADEMY BONDS. (a) In General.--Paragraph (1) of section 1397E(e) is amended by striking ``and 2003'' and inserting ``2003, 2004, and 2005''. (b) Effective Date.--The amendment made by subsection (a) shall apply to obligations issued after December 31, 2003. SEC. 505. COVER OVER OF TAX ON DISTILLED SPIRITS. (a) In General.--Paragraph (1) of section 7652(f) is amended by striking ``January 1, 2004'' and inserting ``January 1, 2006''. (b) Effective Date.--The amendment made by subsection (a) shall apply to articles brought into the United States after December 31, 2003. SEC. 506. DEDUCTION FOR CORPORATE DONATIONS OF SCIENTIFIC PROPERTY AND COMPUTER TECHNOLOGY. (a) Scientific Property Used for Research.-- (1) In general.--Clause (ii) of section 170(e)(4)(B) (defining qualified research contributions) is amended by inserting ``or assembled'' after ``constructed''. (2) Conforming amendment.--Clause (iii) of section 170(e)(4)(B) is amended by inserting ``or assembling'' after ``construction''. (b) Computer Technology and Equipment for Educational Purposes.-- (1) In general.--Clause (ii) of section 170(e)(6)(B) is amended by inserting ``or assembled'' after ``constructed'' and ``or assembling'' after ``construction''. (2) Special rule extended.--Section 170(e)(6)(G) is amended by striking ``2003'' and inserting ``2005''. (3) Conforming amendments.--Subparagraph (D) of section 170(e)(6) is amended by inserting ``or assembled'' after ``constructed'' and ``or assembling'' after ``construction''. (c) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2003. SEC. 507. DEDUCTION FOR CERTAIN EXPENSES OF SCHOOL TEACHERS. (a) In General.--Subparagraph (D) of section 62(a)(2) is amended by striking ``or 2003'' and inserting ``, 2003, 2004, or 2005''. (b) Effective Date.--The amendment made by subsection (a) shall apply to expenses paid or incurred in taxable years beginning after December 31, 2003. SEC. 508. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS. (a) Extension of Termination Date.--Subsection (h) of section 198 is amended by striking ``December 31, 2003'' and inserting ``December 31, 2005''. (b) Effective Date.--The amendment made by subsection (a) shall apply to expenditures paid or incurred after December 31, 2003. SEC. 509. EXPANSION OF CERTAIN NEW YORK LIBERTY ZONE BENEFITS. (a) Extension of Tax-Exempt Bond Financing.--Subparagraph (D) of section 1400L(d)(2) is amended by striking ``2005'' and inserting ``2006''. (b) Clarification of Bonds Eligible for Advance Refunding.--Section 1400L(e)(2)(B) (relating to bonds described) is amended by striking ``, or'' and inserting ``or the Municipal Assistance Corporation, or''. (c) Election Out Technical Amendment.--Subsection (c) of section 1400L is amended by adding at the end the following new paragraph: ``(5) Election out.--For purposes of this subsection, rules similar to the rules of section 168(k)(2)(C)(iii) shall apply.''. (d) Effective date.--The amendments made by subsections (b) and (c) shall take effect as if included in the amendments made by section 301 of the Job Creation and Worker Assistance Act of 2002. SEC. 510. TEMPORARY SPECIAL RULES FOR TAXATION OF LIFE INSURANCE COMPANIES. (a) In General.--Subsection (j) of section 809 is amended by striking ``or 2003'' and inserting ``2003, 2004, or 2005''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2003. SEC. 511. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF COLUMBIA. (a) Designation of Zone.--Subsection (f) of section 1400 is amended by striking ``December 31, 2003'' both places it appears and inserting ``December 31, 2005''. (b) Tax-Exempt Economic Development Bonds.--Subsection (b) of section 1400A is amended by striking ``December 31, 2003'' and inserting ``December 31, 2005''. (c) Zero Percent Capital Gains Rate.-- (1) In general.--Subsection (b) of section 1400B is amended by striking ``January 1, 2004'' each place it appears and inserting ``January 1, 2006''. (2) Conforming amendments.-- (A) Section 1400B(e)(2) is amended-- (i) by striking ``December 31, 2008'' and inserting ``December 31, 2010'', and (ii) by striking ``2008'' in the heading and inserting ``2010''. (B) Section 1400B(g)(2) is amended by striking ``December 31, 2008'' and inserting ``December 31, 2010''. (C) Section 1400F(d) is amended by striking ``December 31, 2008'' and inserting ``December 31, 2010''. (d) First-Time Homebuyer Credit.--Subsection (i) of section 1400C is amended by striking ``January 1, 2004'' and inserting ``January 1, 2006''. (e) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on January 1, 2004. (2) Tax-exempt economic development bonds.--The amendment made by subsection (b) shall apply to obligations issued after the date of the enactment of this Act. SEC. 512. COMBINED EMPLOYMENT TAX REPORTING PROGRAM. (a) In General.--Paragraph (1) of section 976(b) of the Taxpayer Relief Act of 1997 is amended by striking ``the State of Montana for a period ending with the date which is 5 years after the date of the enactment of this Act'' and inserting ``any State''. (b) Effective Date.--The amendment made by subsection (a) shall apply to disclosures on or after the date of the enactment of this Act. SEC. 513. ALLOWANCE OF NONREFUNDABLE PERSONAL CREDITS AGAINST REGULAR AND MINIMUM TAX LIABILITY. (a) In General.--Paragraph (2) of section 26(a) is amended-- [[Page S2250]] (1) by striking ``rule for 2000, 2001, 2002, and 2003.--'' and inserting ``rule for taxable years 2000 through 2004.-- '', and (2) by striking ``or 2003'' and inserting ``2003, or 2004''. (b) Conforming Provisions.-- (1) Section 904(h) is amended by striking ``or 2003'' and inserting ``2003, or 2004''. (2) The amendments made by sections 201(b), 202(f), and 618(b) of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to taxable years beginning during 2004. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 514. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE RESOURCES. (a) In General.--Subparagraphs (A), (B), and (C) of section 45(c)(3) are each amended by striking ``January 1, 2004'' and inserting ``January 1, 2005''. (b) Effective Date.--The amendments made by subsection (a) shall apply to facilities placed in service after December 31, 2003. SEC. 515. TAXABLE INCOME LIMIT ON PERCENTAGE DEPLETION FOR OIL AND NATURAL GAS PRODUCED FROM MARGINAL PROPERTIES. (a) In General.--Subparagraph (H) of section 613A(c)(6) is amended by striking ``January 1, 2004'' and inserting ``January 1, 2005''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2003. SEC. 516. INDIAN EMPLOYMENT TAX CREDIT. Section 45A(f) (relating to termination) is amended by striking ``December 31, 2004'' and inserting ``December 31, 2005''. SEC. 517. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON INDIAN RESERVATION. Section 168(j)(8) (relating to termination) is amended by striking ``December 31, 2004'' and inserting ``December 31, 2005''. SEC. 518. DISCLOSURE OF RETURN INFORMATION RELATING TO STUDENT LOANS. Section 6103(l)(13)(D) (relating to termination) is amended by striking ``December 31, 2004'' and inserting ``December 31, 2005''. SEC. 519. EXTENSION OF TRANSFERS OF EXCESS PENSION ASSETS TO RETIREE HEALTH ACCOUNTS. (a) Amendment of Internal Revenue Code of 1986.--Paragraph (5) of section 420(b) (relating to expiration) is amended by striking ``December 31, 2005'' and inserting ``December 31, 2013''. (b) Amendments of ERISA.-- (1) Section 101(e)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021(e)(3)) is amended by striking ``Tax Relief Extension Act of 1999'' and inserting ``Jumpstart Our Business Strength (JOBS) Act''. (2) Section 403(c)(1) of such Act (29 U.S.C. 1103(c)(1)) is amended by striking ``Tax Relief Extension Act of 1999'' and inserting ``Jumpstart Our Business Strength (JOBS) Act''. (3) Paragraph (13) of section 408(b) of such Act (29 U.S.C. 1108(b)(3)) is amended-- (A) by striking ``January 1, 2006'' and inserting ``January 1, 2014'', and (B) by striking ``Tax Relief Extension Act of 1999'' and inserting ``Jumpstart Our Business Strength (JOBS) Act''. (c) Minimum Cost Requirements.-- (1) In general.--Section 420(c)(3)(E) is amended by adding at the end the following new clause: ``(ii) Insignificant cost reductions permitted.-- ``(I) In general.--An eligible employer shall not be treated as failing to meet the requirements of this paragraph for any taxable year if, in lieu of any reduction of retiree health coverage permitted under the regulations prescribed under clause (i), the employer reduces applicable employer cost by an amount not in excess of the reduction in costs which would have occurred if the employer had made the maximum permissible reduction in retiree health coverage under such regulations. In applying such regulations to any subsequent taxable year, any reduction in applicable employer cost under this clause shall be treated as if it were an equivalent reduction in retiree health coverage. ``(II) Eligible employer.--For purposes of subclause (I), an employer shall be treated as an eligible employer for any taxable year if, for the preceding taxable year, the qualified current retiree health liabilities of the employer were at least 5 percent of the gross receipts of the employer. For purposes of this subclause, the rules of paragraphs (2), (3)(B), and (3)(C) of section 448(c) shall apply in determining the amount of an employer's gross receipts.'' (2) Conforming amendment.--Section 420(c)(3)(E) is amended by striking ``The Secretary'' and inserting: ``(i) In general.--The Secretary''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. SEC. 520. ELIMINATION OF PHASEOUT OF CREDIT FOR QUALIFIED ELECTRIC VEHICLES. (a) In General.--Section 30(b) is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (b) Conforming Amendments.-- (1) Section 53(d)(1)(B)(iii) is amended by striking ``section 30(b)(3)(B)'' and inserting ``section 30(b)(2)(B)''. (2) Section 55(c)(2) is amended by striking ``30(b)(3)'' and inserting ``30(b)(2)''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2003. SEC. 521. ELIMINATION OF PHASEOUT FOR DEDUCTION FOR CLEAN- FUEL VEHICLE PROPERTY. (a) In General.--Paragraph (1) of section 179A(b) is amended to read as follows: ``(1) Qualified clean-fuel vehicle property.--The cost which may be taken into account under subsection (a)(1)(A) with respect to any motor vehicle shall not exceed-- ``(A) in the case of a motor vehicle not described in subparagraph (B) or (C), $2,000, ``(B) in the case of any truck or van with a gross vehicle weight rating greater than 10,000 pounds but not greater than 26,000 pounds, $5,000, or ``(C) $50,000 in the case of-- ``(i) a truck or van with a gross vehicle weight rating greater than 26,000 pounds, or ``(ii) any bus which has a seating capacity of at least 20 adults (not including the driver).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to property placed in service after December 31, 2003. Subtitle B--Revenue Provisions SEC. 531. DONATIONS OF MOTOR VEHICLES, BOATS, AND AIRPLANES. (a) In General.--Subsection (f) of section 170 (relating to disallowance of deduction in certain cases and special rules) is amended by adding at the end the following new paragraph: ``(11) Contributions of used motor vehicles, boats, and airplanes.-- ``(A) In general.--In the case of a contribution of a qualified vehicle in excess of $500-- ``(i) paragraph (8) shall not apply and no deduction shall be allowed under subsection (a) for such contribution unless the taxpayer substantiates the contribution by a contemporaneous written acknowledgement of the contribution by the donee organization that meets the requirements of subparagraph (B) and includes the acknowledgement with the taxpayer's return of tax which includes the deduction, and ``(ii) if the organization sells the vehicle without any significant intervening use or material improvement of such vehicle by the organization, the amount of the deduction allowed under subsection (a) shall not exceed the gross proceeds received from such sale. ``(B) Content of acknowledgement.--An acknowledgement meets the requirements of this subparagraph if it includes the following information: ``(i) The name and taxpayer identification number of the donor. ``(ii) The vehicle identification number or similar number. ``(iii) In the case of a qualified vehicle sold by the donee organization-- ``(I) a certification that the vehicle was sold in an arm's length transaction between unrelated parties, ``(II) the gross proceeds from the sale, and ``(III) the amount of such gross proceeds is the deductible amount. ``(iv) In the case of a qualified vehicle to which subparagraph (A)(ii) does not apply-- ``(I) a certification of the intended use or material improvement of the vehicle and the intended duration of such use, and ``(II) a certification that the vehicle would not be transferred in exchange for money, other property, or services before completion of such use or improvement. ``(C) Contemporaneous.--For purposes of subparagraph (A), an acknowledgement shall be considered to be contemporaneous if the donee organization provides it within 30 days of-- ``(i) the sale of the qualified vehicle, or ``(ii) in the case of an acknowledgement including a certification described in subparagraph (B)(iv), the contribution of the qualified vehicle. ``(D) Information to secretary.--A donee organization required to provide an acknowledgement under this paragraph shall provide to the Secretary the information contained in the acknowledgement. Such information shall be provided at such time and in such manner as the Secretary may prescribe. ``(E) Qualified vehicle.--For purposes of this paragraph, the term `qualified vehicle' means any-- ``(i) self-propelled vehicle manufactured primarily for use on public streets, roads, and highways, ``(ii) boat, or ``(iii) airplane. Such term shall not include any property which is described in section 1221(a)(1). ``(F) Regulations or other guidance.--The Secretary shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this paragraph.''. (b) Penalty for Fraudulent Acknowledgments.-- (1) In general.--Part I of subchapter B of chapter 68 (relating to assessable penalties) is amended adding at the end the following new section: ``SEC. 6717. FRAUDULENT ACKNOWLEDGMENTS WITH RESPECT TO DONATIONS OF MOTOR VEHICLES, BOATS, AND AIRPLANES. ``Any donee organization required under section 170(f)(11)(A) to furnish a contemporaneous written acknowledgment to a donor which knowingly furnishes a false or fraudulent acknowledgment, or which knowingly fails to furnish such acknowledgment in the [[Page S2251]] manner, at the time, and showing the information required under section 170(f)(11), or regulations prescribed thereunder, shall for each such act, or for each such failure, be subject to a penalty equal to-- ``(1) in the case of an acknowledgment with respect to a qualified vehicle to which section 170(f)(11)(A)(ii) applies, the greater of the value of the tax benefit to the donor or the gross proceeds from the sale of such vehicle, and ``(2) in the case of an acknowledgment with respect to any other qualified vehicle to which section 170(f)(11) applies, the greater of the value of the tax benefit to the donor or $5,000.''. (2) Conforming amendment.--The table of sections for part I of subchapter B of chapter 68 is amended by adding at the end the following new item: ``Sec. 6717. Fraudulent acknowledgments with respect to donations of motor vehicles, boats, and airplanes.''. (c) Effective Date.--The amendments made by this section shall apply to contributions after June 30, 2004. SEC. 532. CHANGE IN EFFECTIVE DATE. Section 476(c) of this Act is amended by striking ``December 31, 2003'' and inserting ``November 18, 2003''. SEC. 533. ADDITION OF VACCINES AGAINST INFLUENZA TO LIST OF TAXABLE VACCINES. (a) In General.--Section 4132(a)(1) (defining taxable vaccine) is amended adding at the end the following new subparagraph: ``(M) Any trivalent vaccine against influenza.''. (b) Conforming Amendment.--Section 9510(c)(1)(A) is amended by striking ``October 18, 2000'' and inserting ``the date of the enactment of the Jumpstart Our Business Strength (JOBS) Act''. (b) Effective Date.-- (1) Sales, etc.--The amendment made by this section shall apply to sales and uses on or after the later of-- (A) the first day of the first month which begins more than 4 weeks after the date of the enactment of this Act, or (B) the date on which the Secretary of Health and Human Services lists any vaccine against influenza for purposes of compensation for any vaccine-related injury or death through the Vaccine Injury Compensation Trust Fund. (2) Deliveries.--For purposes of paragraph (1) and section 4131 of the Internal Revenue Code of 1986, in the case of sales on or before the effective date described in such paragraph for which delivery is made after such date, the delivery date shall be considered the sale date. SEC. 534. TREATMENT OF CONTINGENT PAYMENT CONVERTIBLE DEBT INSTRUMENTS. (a) In General.--Section 1275(d) (relating to regulation authority) is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary'', and (2) by adding at the end the following new paragraph: ``(2) Treatment of contingent payment convertible debt.-- ``(A) In general.--In the case of a debt instrument which-- ``(i) is convertible into stock of the issuing corporation, or a corporation in control of, or controlled by, the issuing corporation, and ``(ii) provides for contingent payments, any regulations which require original issue discount to be determined by reference to the comparable yield of a noncontingent debt instrument also shall require that such comparable yield be determined by reference to a noncontingent debt instrument which is convertible into stock. ``(B) Special rules.-- For purposes of subparagraph (A)-- ``(i) the comparable yield shall be determined without taking into account the yield resulting from the conversion of a debt instrument into stock, and ``(ii) the term `control' has the meaning given such term by section 368(c).''. (b) Cross Reference.--Section 163(e)(6) (relating to cross references) is amended by adding at the end the following: ``For the treatment of contingent payment convertible debt, see section 175(d)(2).''. (c) Effective Date.--The amendments made by this section shall apply to debt instruments issued after the date of the enactment of this Act. SEC. 535. MODIFICATION OF CONTINUING LEVY ON PAYMENTS TO FEDERAL VENDERS. (a) In General.--Section 6331(h) (relating to continuing levy on certain payments) is amended by adding at the end the following new paragraph: ``(3) Increase in levy for certain payments.--Paragraph (1) shall be applied by substituting `100 percent' for `15 percent' in the case of any specified payment due to a vendor of goods or services sold or leased to the Federal Government.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. ______ SA 2688. Mr. REID submitted an amendment intended to be proposed by him to the bill S. 1637, to amend the Internal Revenue Code of 1986 to comply with the World Trade Organization rulings on the FSC/ETI benefit in a manner that preserves jobs and production activities in the United States, to reform and simplify the international taxation rules of the United States, and for other purposes; which was ordered to lie on the table; as follows: On page 179, after line 25, add the following: SEC. __. RESTORATION OF DEDUCTION FOR TRAVEL EXPENSES OF SPOUSE, ETC. ACCOMPANYING TAXPAYER ON BUSINESS TRAVEL. (a) In General.--Subsection (m) of section 274 (relating to additional limitations on travel expenses) is amended by striking paragraph (3). (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. ______ SA 2689. Ms. MURKOWSKI submitted an amendment intended to be proposed by her to the bill S. 1637, to amend the Internal Revenue Code of 1986 to comply with the World Trade Organization rulings on the FSC/ETI benefit in a manner that preserves jobs and production activities in the United States, to reform and simplify the international taxation rules of the United States, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle A of title III, insert: SEC. ____. DEDUCTION FOR CERTAIN EXPENSES INCURRED IN SUPPORT OF NATIVE ALASKAN SUBSISTENCE WHALING. (a) In General.--Section 170 (relating to charitable, etc., contributions and gifts) is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Expenses Paid by Certain Whaling Captains in Support of Native Alaskan Subsistence Whaling.-- ``(1) In general.--In the case of an individual who is recognized by the Alaska Eskimo Whaling Commission as a whaling captain charged with the responsibility of maintaining and carrying out sanctioned whaling activities and who engages in such activities during the taxable year, the amount described in paragraph (2) (to the extent such amount does not exceed $10,000 for the taxable year) shall be treated for purposes of this section as a charitable contribution. ``(2) Amount described.-- ``(A) In general.--The amount described in this paragraph is the aggregate of the reasonable and necessary whaling expenses paid by the taxpayer during the taxable year in carrying out sanctioned whaling activities. ``(B) Whaling expenses.--For purposes of subparagraph (A), the term `whaling expenses' includes expenses for-- ``(i) the acquisition and maintenance of whaling boats, weapons, and gear used in sanctioned whaling activities, ``(ii) the supplying of food for the crew and other provisions for carrying out such activities, and ``(iii) storage and distribution of the catch from such activities. ``(3) Sanctioned whaling activities.--For purposes of this subsection, the term `sanctioned whaling activities' means subsistence bowhead whale hunting activities conducted pursuant to the management plan of the Alaska Eskimo Whaling Commission.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to contributions made after December 31, 2003. ______ SA 2690. Mrs. FEINSTEIN (for herself, Mr. Conrad, and Mrs. Boxer) submitted an amendment intended to be proposed by her to the bill S. 1637, to amend the Internal Revenue Code of 1986 to comply with the World Trade Organization rulings on the FSC/ETI benefit in a manner that preserves jobs and production activities in the United States, to reform and simplify the international taxation rules of the United States, and for other purposes; which was ordered to lie on the table; as follows: On page 71, between lines 2 and 3, insert the following: (f) Exception for Audiovisual Services.-- (1) In general.--The amendments made by subsections (a) and (b) shall not apply to extraterritorial income derived from audiovisual services. (2) Coordination with deduction for income attributable to united states production activities.--The deduction under section 199 of the Internal Revenue Code of 1986, as added by section 102 of this Act, shall not apply to any income described in paragraph (1). (3) Coordination with transition rules.--The base period amount under subsection (e)(4) shall not take into account extraterritorial income derived from audiovisual services. (4) Audiovisual services.--For purposes of this subsection, the term ``audiovisual services'' means such activities as are treated as audiovisual services for purposes of the General Agreement on Trade in Services referred to in section 101(d)(14) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(14)). ______ SA 2691. Ms. SNOWE (for herself, Mr. Lott, Mr. Breaux, Mr. Allen, Mr. Warner, Mrs. Boxer, Mr. Bunning, Mr. Cochran, Ms. Collins, Mr. Chafee, Mr. [[Page S2252]] Dodd, Mrs. Dole, Mrs. Feinstein, Ms. Landrieu, and Mr. Kohl) submitted an amendment intended to be proposed by her to the bill S. 1637, to amend the Internal Revenue Code of 1986 to comply with the World Trade Organization rulings on the FSC/ETI benefit in a manner that preserves jobs and production activities in the United States, to reform and simplify the international taxation rules of the United States, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle A of title III, add the following: SEC. __. METHOD OF ACCOUNTING FOR NAVAL SHIPBUILDERS. (a) In General.--Notwithstanding section 10203(b)(2)(B)(i) of the Revenue Act of 1987, in the case of a qualified naval ship contract, the taxable income of such contract shall be determined under a method identical to the method used in the case of a qualified ship contract (as defined in section 10203 of the Revenue Act of 1987). (b) Qualified Naval Ship Contract.--For purposes of this section-- (1) In general.--The term ``qualified naval ship contract'' means any contract or portion thereof that is for the construction in the United States of 1 ship or submarine for the Federal Government if the taxpayer reasonably expects the delivery date or the warranty expiration date will occur no later than 8 years after the construction commencement date. (2) Delivery date.--The term ``delivery date'' means the date on which the Federal Government issues a letter of acceptance or other similar document for the ship or submarine. (3) Warranty expiration date.--The term ``warranty expiration date'' means the date on which the construction contractor's responsibility to perform work or service on the ship or submarine under the contract is terminated. (4) Construction commencement date.--The term ``construction commencement date'' means the date on which the physical fabrication of any section or component of the ship or submarine begins. (c) Effective Date.--This section shall apply to contracts for ships or submarines for which the Federal Government has issued a letter of acceptance or other similar document after the date of the enactment of this Act. ____________________