In the nature of a substitute.

SA 5695. Mr. LEVIN (for Mr. Reid (for himself, Mr. Baucus, and Mr.
Grassley)) submitted an amendment intended to be proposed by Mr. Levin
to the bill H.R. 7222, to extend the Andean Trade Preference Act, and
for other purposes; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. EXTENSION OF ANDEAN TRADE PREFERENCE ACT.

(a) Extension.--Section 208 of the Andean Trade Preference
Act (19 U.S.C. 3206) is amended to read as follows:

``SEC. 208. TERMINATION OF PREFERENTIAL TREATMENT.

``(a) In General.--No duty-free treatment or other
preferential treatment extended to beneficiary countries
under this title shall--
``(1) remain in effect with respect to Colombia or Peru
after December 31, 2009;
``(2) remain in effect with respect to Ecuador after June
30, 2009, except that duty-free

[[Page S10492]]

treatment and other preferential treatment under this title
shall remain in effect with respect to Ecuador during the
period beginning on July 1, 2009, and ending on December 31,
2009, unless the President reviews the criteria set forth in
section 203, and on or before June 30, 2009, reports to the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives pursuant to
subsection (b) that--
``(A) the President has determined that Ecuador does not
satisfy the requirements set forth in section 203(c) for
being designated as a beneficiary country; and
``(B) in making that determination, the President has taken
into account each of the factors set forth in section 203(d);
and
``(3) remain in effect with respect to Bolivia after June
30, 2009, except that duty-free treatment and other
preferential treatment under this title shall remain in
effect with respect to Bolivia during the period beginning on
July 1, 2009, and ending on December 31, 2009, only if the
President reviews the criteria set forth in section 203, and
on or before June 30, 2009, reports to the Committee on
Finance of the Senate and the Committee on Ways and Means of
the House of Representatives pursuant to subsection (b)
that--
``(A) the President has determined that Bolivia satisfies
the requirements set forth in section 203(c) for being
designated as a beneficiary country; and
``(B) in making that determination, the President has taken
into account each of the factors set forth in section 203(d).
``(b) Reports.--On or before June 30, 2009, the President
shall make determinations pursuant to subsections (a)(2)(A)
and (a)(3)(A) and report to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives on--
``(1) such determinations; and
``(2) the reasons for such determinations.''.
(b) Treatment of Certain Apparel Articles.--Section
204(b)(3) of such Act (19 U.S.C. 3203(b)(3)) is amended--
(1) in subparagraph (B)--
(A) in clause (iii)--
(i) in subclause (II), by striking ``6 succeeding 1-year
periods'' and inserting ``7 succeeding 1-year periods''; and
(ii) in subclause (III)(bb), by striking ``and for the
succeeding 1-year period'' and inserting ``and for the
succeeding 2-year period''; and
(B) in clause (v)(II), by striking ``5 succeeding 1-year
periods'' and inserting ``6 succeeding 1-year periods''; and
(2) in subparagraph (E)(ii)(II), by striking ``December 31,
2008'' and inserting ``December 31, 2009''.

SEC. 2. EARNED IMPORT ALLOWANCE PROGRAM.

(a) In General.--Title IV of the Dominican Republic-Central
America-United States Free Trade Agreement Implementation Act
(Public Law 109-53; 119 Stat. 495) is amended by adding at
the end the following:

``SEC. 404. EARNED IMPORT ALLOWANCE PROGRAM.

``(a) Preferential Treatment.--
``(1) In general.--Eligible apparel articles wholly
assembled in an eligible country and imported directly from
an eligible country shall enter the United States free of
duty, without regard to the source of the fabric or yarns
from which the articles are made, if such apparel articles
are accompanied by an earned import allowance certificate
that reflects the amount of credits equal to the total square
meter equivalents of fabric in such apparel articles, in
accordance with the program established under subsection (b).
``(2) Determination of quantity of sme.--For purposes of
determining the quantity of square meter equivalents under
paragraph (1), the conversion factors listed in `Correlation:
U.S. Textile and Apparel Industry Category System with the
Harmonized Tariff Schedule of the United States of America,
2008', or its successor publications, of the United States
Department of Commerce, shall apply.
``(b) Earned Import Allowance Program.--
``(1) Establishment.--The Secretary of Commerce shall
establish a program to provide earned import allowance
certificates to any producer or entity controlling production
of eligible apparel articles in an eligible country for
purposes of subsection (a), based on the elements described
in paragraph (2).
``(2) Elements.--The elements referred to in paragraph (1)
are the following:
``(A) One credit shall be issued to a producer or an entity
controlling production for every two square meter equivalents
of qualifying fabric that the producer or entity controlling
production can demonstrate that it has purchased for the
manufacture in an eligible country of articles like or
similar to any article eligible for preferential treatment
under subsection (a). The Secretary of Commerce shall, if
requested by a producer or entity controlling production,
create and maintain an account for such producer or entity
controlling production, into which such credits may be
deposited.
``(B) Such producer or entity controlling production may
redeem credits issued under subparagraph (A) for earned
import allowance certificates reflecting such number of
earned credits as the producer or entity may request and has
available.
``(C) Any textile mill or other entity located in the
United States that exports qualifying fabric to an eligible
country may submit, upon such export or upon request, the
Shipper's Export Declaration, or successor documentation, to
the Secretary of Commerce--
``(i) verifying that the qualifying fabric was exported to
a producer or entity controlling production in an eligible
country; and
``(ii) identifying such producer or entity controlling
production, and the quantity and description of qualifying
fabric exported to such producer or entity controlling
production.
``(D) The Secretary of Commerce may require that a producer
or entity controlling production submit documentation to
verify purchases of qualifying fabric.
``(E) The Secretary of Commerce may make available to each
person or entity identified in the documentation submitted
under subparagraph (C) or (D) information contained in such
documentation that relates to the purchase of qualifying
fabric involving such person or entity.
``(F) The program shall be established so as to allow, to
the extent feasible, the submission, storage, retrieval, and
disclosure of information in electronic format, including
information with respect to the earned import allowance
certificates required under subsection (a)(1).
``(G) The Secretary of Commerce may reconcile discrepancies
in the information provided under subparagraph (C) or (D) and
verify the accuracy of such information.
``(H) The Secretary of Commerce shall establish procedures
to carry out the program under this section by September 30,
2008, and may establish additional requirements to carry out
the program.
``(c) Definitions.--For purposes of this section--
``(1) the term `appropriate congressional committees' means
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate;
``(2) the term `eligible apparel articles' means the
following articles classified in chapter 62 of the HTS (and
meeting the requirements of the rules relating to chapter 62
of the HTS contained in general note 29(n) of the HTS) of
cotton (but not of denim): trousers, bib and brace overalls,
breeches and shorts, skirts and divided skirts, and pants;
``(3) the term `eligible country' means the Dominican
Republic; and
``(4) the term `qualifying fabric' means woven fabric of
cotton wholly formed in the United States from yarns wholly
formed in the United States and certified by the producer or
entity controlling production as being suitable for use in
the manufacture of apparel items such as trousers, bib and
brace overalls, breeches and shorts, skirts and divided
skirts or pants, all the foregoing of cotton, except that--
``(A) fabric otherwise eligible as qualifying fabric shall
not be ineligible as qualifying fabric because the fabric
contains nylon filament yarn with respect to which section
213(b)(2)(A)(vii)(IV) of the Caribbean Basin Economic
Recovery Act applies;
``(B) fabric that would otherwise be ineligible as
qualifying fabric because the fabric contains yarns not
wholly formed in the United States shall not be ineligible as
qualifying fabric if the total weight of all such yarns is
not more than 10 percent of the total weight of the fabric,
except that any elastomeric yarn contained in an eligible
apparel article must be wholly formed in the United States;
and
``(C) fabric otherwise eligible as qualifying fabric shall
not be ineligible as qualifying fabric because the fabric
contains yarns or fibers that have been designated as not
commercially available pursuant to--
``(i) article 3.25(4) or Annex 3.25 of the Agreement;
``(ii) Annex 401 of the North American Free Trade
Agreement;
``(iii) section 112(b)(5) of the African Growth and
Opportunity Act;
``(iv) section 204(b)(3)(B)(i)(III) or (ii) of the Andean
Trade Preference Act;
``(v) section 213(b)(2)(A)(v) or 213A(b)(5)(A) of the
Caribbean Basin Economic Recovery Act; or
``(vi) any other provision, relating to determining whether
a textile or apparel article is an originating good eligible
for preferential treatment, of a law that implements a free
trade agreement entered into by the United States that is in
effect at the time the claim for preferential treatment is
made.
``(d) Review and Report.--
``(1) Review.--The United States International Trade
Commission shall carry out a review of the program under this
section annually for the purpose of evaluating the
effectiveness of, and making recommendations for improvements
in, the program.
``(2) Report.--The United States International Trade
Commission shall submit to the appropriate congressional
committees annually a report on the results of the review
carried out under paragraph (1).
``(e) Effective Date and Applicability.--
``(1) Effective date.--The program under this section shall
be in effect for the 10-year period beginning on the date on
which the President certifies to the appropriate
congressional committees that sections A, B, C, and D of the
Annex to Presidential Proclamation 8213 (December 20, 2007)
have taken effect.
``(2) Applicability.--The program under this section shall
apply with respect to qualifying fabric exported to an
eligible country on or after August 1, 2007.''.
(b) Clerical Amendment.--The table of contents for the
Dominican Republic-Central

[[Page S10493]]

America-United States Free Trade Agreement Implementation Act
is amended by inserting after the item relating to section
403 the following:

``Sec. 404. Earned import allowance program.''.

SEC. 3. AFRICAN GROWTH AND OPPORTUNITY ACT.

(a) In General.--Section 112 of the African Growth and
Opportunity Act (19 U.S.C. 3721) is amended--
(1) in subsection (b)(6)(A), by striking ``ethic'' in the
second sentence and inserting ``ethnic''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``, and subject to
paragraph (2),'';
(B) by striking paragraphs (2) and (3);
(C) in paragraph (4)--
(i) by striking ``Subsection (b)(3)(C)'' and inserting
``Subsection (b)(3)(B)''; and
(ii) by redesignating such paragraph (4) as paragraph (2);
and
(D) by striking paragraph (5) and inserting the following:
``(3) Definition.--In this subsection, the term `lesser
developed beneficiary sub-Saharan African country' means--
``(A) a beneficiary sub-Saharan African country that had a
per capita gross national product of less than $1,500 in
1998, as measured by the International Bank for
Reconstruction and Development;
``(B) Botswana;
``(C) Namibia; and
``(D) Mauritius.''.
(b) Applicability.--The amendments made by subsection (a)
apply to goods entered, or withdrawn from warehouse for
consumption, on or after the 15th day after the date of the
enactment of this Act.
(c) Review and Reports.--
(1) ITC review and report.--
(A) Review.--The United States International Trade
Commission shall conduct a review to identify yarns, fabrics,
and other textile and apparel inputs that through new or
increased investment or other measures can be produced
competitively in beneficiary sub-Saharan African countries.
(B) Report.--Not later than 7 months after the date of the
enactment of this Act, the United States International Trade
Commission shall submit to the appropriate congressional
committees and the Comptroller General a report on the
results of the review carried out under subparagraph (A).
(2) GAO report.--Not later than 90 days after the
submission of the report under paragraph (1)(B), the
Comptroller General shall submit to the appropriate
congressional committees a report that, based on the results
of the report submitted under paragraph (1)(B) and other
available information, contains recommendations for changes
to United States trade preference programs, including the
African Growth and Opportunity Act (19 U.S.C. 3701 et seq.)
and the amendments made by that Act, to provide incentives to
increase investment and other measures necessary to improve
the competitiveness of beneficiary sub-Saharan African
countries in the production of yarns, fabrics, and other
textile and apparel inputs identified in the report submitted
under paragraph (1)(B), including changes to requirements
relating to rules of origin under such programs.
(3) Definitions.--In this subsection--
(A) the term ``appropriate congressional committees'' means
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate;
and
(B) the term ``beneficiary sub-Saharan African countries''
has the meaning given the term in section 506A(c) of the
Trade Act of 1974 (19 U.S.C. 2466a(c)).
(d) Clerical Amendment.--Section 6002(a)(2)(B) of Public
Law 109-432 is amended by striking ``(B) by striking'' and
inserting ``(B) in paragraph (3), by striking''.

SEC. 4. GENERALIZED SYSTEM OF PREFERENCES.

Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is
amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.

SEC. 5. CUSTOMS USER FEES.

(a) In General.--Section 13031(j)(3) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(j)(3)) is amended--
(1) in subparagraph (A), by striking ``November 14, 2017''
and inserting ``February 14, 2018''; and
(2) in subparagraph (B)(i), by striking ``October 7, 2017''
and inserting ``January 31, 2018''.
(b) Repeal.--Section 15201 of the Food, Conservation, and
Energy Act of 2008 (Public Law 110-246) is amended by
striking subsections (c) and (d).

SEC. 6. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.

The percentage under subparagraph (C) of section 401(1) of
the Tax Increase Prevention and Reconciliation Act of 2005 in
effect on the date of the enactment of this Act is increased
by 2 percentage points.

SEC. 7. TECHNICAL CORRECTIONS.

Section 15402 of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246) is amended--
(1) in subsections (a) and (b), by striking ``Carribean''
each place it appears and inserting ``Caribbean''; and
(2) in subsection (d), by striking ``231A(b)'' and
inserting ``213A(b)''.

____________________