II 

112TH CONGRESS 

1ST SESSION S. 433 

To extend certain trade preference programs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 2, 2011 

Mr. SESSIONS introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To extend certain trade preference programs, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Free and Fair Trade 

5 Act of 2011’’. 

6 SEC. 2. EXTENSION OF GENERALIZED SYSTEM OF PREF7 ERENCES. 

8 (a) EXTENSION.—Section 505 of the Trade Act of 

9 1974 (19 U.S.C. 2465) is amended by striking ‘‘December 

10 31, 2010’’ and inserting ‘‘June 30, 2012’’. 

11 (b) EFFECTIVE DATE.— 


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1 (1) IN GENERAL.—The amendment made by 

2 subsection (a) shall apply to goods entered on or 

3 after the 15th day after the date of the enactment 

4 of this Act. 

5 (2) RETROACTIVE APPLICATION FOR CERTAIN

6 LIQUIDATIONS AND RELIQUIDATIONS.— 

7 (A) IN GENERAL.—Notwithstanding sec8 tion 514 of the Tariff Act of 1930 (19 U.S.C. 

9 1514) or any other provision of law and subject 

10 to subparagraph (B), any entry of an article 

11 (other than an article described in section 

12 503(b)(5) of the Trade Act of 1974, as amend13 ed by section 3(a) of this Act) to which duty14 free treatment under title V of the Trade Act 

15 of 1974 would have applied if the entry had 

16 been made on December 31, 2010, that was 

17 made— 

18 (i) after December 31, 2010; and 

19 (ii) before the 15th day after the date 

20 of the enactment of this Act, 

21 shall be liquidated or reliquidated as though 

22 such entry occurred on the date that is 15 days 

23 after the date of the enactment of this Act. 

24 (B) REQUESTS.—A liquidation or reliqui25 dation may be made under subparagraph (A) 


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1 with respect to an entry only if a request there2 for is filed with U.S. Customs and Border Pro3 tection not later than 180 days after the date 

4 of the enactment of this Act that contains suffi5 cient information to enable U.S. Customs and 

6 Border Protection— 

7 (i) to locate the entry; or 

8 (ii) to reconstruct the entry if it can9 not be located. 

10 (C) PAYMENT OF AMOUNTS OWED.—Any 

11 amounts owed by the United States pursuant to 

12 the liquidation or reliquidation of an entry of 

13 an article under subparagraph (A) shall be 

14 paid, without interest, not later than 90 days 

15 after the date of the liquidation or reliquidation 

16 (as the case may be). 

17 (3) DEFINITION.—As used in this subsection, 

18 the term ‘‘entry’’ includes a withdrawal from ware19 house for consumption. 

20 SEC. 3. INELIGIBILITY OF CERTAIN SLEEPING BAGS FOR 

21 PREFERENTIAL TREATMENT UNDER THE 

22 GENERALIZED SYSTEM OF PREFERENCES. 

23 (a) IN GENERAL.—Section 503(b) of the Trade Act 

24 of 1974 (19 U.S.C. 2463(b)) is amended by adding at the 

25 end the following: 


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1 ‘‘(5) CERTAIN SLEEPING BAGS.—An article 

2 classifiable under subheading 9404.30.80 of the 

3 Harmonized Tariff Schedule of the United States 

4 shall not be an eligible article for purposes of sub5 section (a).’’. 

6 (b) APPLICABILITY.—The amendment made by sub7 section (a) shall apply to articles entered, or withdrawn 

8 from warehouse for consumption, on or after the 15th day 

9 after the date of the enactment of this Act. 

10 SEC. 4. EXTENSION OF ANDEAN TRADE PREFERENCE ACT. 

11 (a) EXTENSION.—Section 208(a) of the Andean 

12 Trade Preference Act (19 U.S.C. 3206(a)) is amended— 

13 (1) in paragraph (1)(A), by striking ‘‘February 

14 12, 2011’’ and inserting ‘‘June 30, 2012’’; and 

15 (2) in paragraph (2), by striking ‘‘February 12, 

16 2011’’ and inserting ‘‘June 30, 2012’’. 

17 (b) TREATMENT OF CERTAIN APPAREL ARTICLES.— 

18 Section 204(b)(3) of the Andean Trade Preference Act 

19 (19 U.S.C. 3203(b)(3)) is amended— 

20 (1) in subparagraph (B)— 

21 (A) in clause (iii)— 

22 (i) in subclause (II), by striking ‘‘8 

23 succeeding 1-year periods’’ and inserting 

24 ‘‘9 succeeding 1-year periods’’; and 


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1 (ii) in subclause (III)(bb), by striking 

2 ‘‘and for the succeeding 3-year period’’ and 

3 inserting ‘‘and for the succeeding 4-year 

4 period’’; and 

5 (B) in clause (v)(II), by striking ‘‘7 suc6 ceeding 1-year periods’’ and inserting ‘‘8 suc7 ceeding 1-year periods’’; and 

8 (2) in subparagraph (E)(ii)(II), by striking 

9 ‘‘February 12, 2011’’ and inserting ‘‘June 30, 

10 2012’’. 

11 (c) EFFECTIVE DATE.— 

12 (1) IN GENERAL.—The amendments made by 

13 this section shall apply to articles entered on or after 

14 the 15th day after the date of the enactment of this 

15 Act. 

16 (2) RETROACTIVE APPLICATION FOR CERTAIN

17 LIQUIDATIONS AND RELIQUIDATIONS.— 

18 (A) IN GENERAL.—Notwithstanding sec19 tion 514 of the Tariff Act of 1930 (19 U.S.C. 

20 1514) or any other provision of law and subject 

21 to subparagraph (B), any entry of an article to 

22 which duty-free treatment or other preferential 

23 treatment under the Andean Trade Preference 

24 Act would have applied if the entry had been 

25 made on February 12, 2011, that was made— 


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1 (i) after February 12, 2011; and 

2 (ii) before the 15th day after the date 

3 of the enactment of this Act, 

4 shall be liquidated or reliquidated as though 

5 such entry occurred on the date that is 15 days 

6 after the date of the enactment of this Act. 

7 (B) REQUESTS.—A liquidation or reliqui8 dation may be made under subparagraph (A) 

9 with respect to an entry only if a request there10 for is filed with U.S. Customs and Border Pro11 tection not later than 180 days after the date 

12 of the enactment of this Act that contains suffi13 cient information to enable U.S. Customs and 

14 Border Protection— 

15 (i) to locate the entry; or 

16 (ii) to reconstruct the entry if it can17 not be located. 

18 (C) PAYMENT OF AMOUNTS OWED.—Any 

19 amounts owed by the United States pursuant to 

20 the liquidation or reliquidation of an entry of 

21 an article under subparagraph (A) shall be 

22 paid, without interest, not later than 90 days 

23 after the date of the liquidation or reliquidation 

24 (as the case may be). 


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1 (3) DEFINITION.—As used in this subsection, 

2 the term ‘‘entry’’ includes a withdrawal from ware3 house for consumption. 

4 SEC. 5. OFFSET. 

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, of all unobligated Federal funds available, 

7 $2,300,000,000 in appropriated discretionary unexpired 

8 funds are rescinded. 

9 (b) IMPLEMENTATION.—Not later than 60 days after 

10 the date of the enactment of this Act, the Director of the 

11 Office of Management and Budget shall— 

12 (1) identify the accounts and amounts rescinded 

13 to implement subsection (a); and 

14 (2) submit a report to the Secretary of the 

15 Treasury and Congress of the accounts and amounts 

16 identified under paragraph (1) for rescission. 

17 (c) EXCEPTION.—This section shall not apply to the 

18 unobligated Federal funds of the Department of Defense 

19 or the Department of Veterans Affairs. 

20 SEC. 6. COMPLIANCE WITH PAYGO. 

21 The budgetary effects of this Act, for the purpose of 

22 complying with the Statutory Pay-As-You-Go Act of 2010, 

23 shall be determined by reference to the latest statement 

24 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

25 Act, submitted for printing in the Congressional Record 


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1 by the Chairman of the Senate Budget Committee, pro2 vided that such statement has been submitted prior to the 

3 vote on passage. 

Æ 


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