H. R. 434—26
international trade with the Caribbean Basin region as an
enduring solution for successful economic growth and recovery.
(5) Thirty-four democratically elected leaders agreed at the
1994 Summit of the Americas to conclude negotiation of a
Free Trade Area of the Americas (in this title referred to
as ‘‘FTAA’’) by the year 2005.
(6) The economic security of the countries in the Caribbean
Basin will be enhanced by the completion of the FTAA.
(7) Offering temporary benefits to Caribbean Basin coun-
tries will preserve the United States commitment to Caribbean
Basin beneficiary countries, promote the growth of free enter-
prise and economic opportunity in these neighboring countries,
and thereby enhance the national security interests of the
United States.
(8) Given the greater propensity of countries located in
the Western Hemisphere to use United States components and
to purchase United States products compared to other countries,
increased trade and economic activity between the United
States and countries in the Western Hemisphere will create
new jobs in the United States as a result of expanding export
opportunities.
(b) POLICY.—It is the policy of the United States—
(1) to offer Caribbean Basin beneficiary countries willing
to prepare to become a party to the FTAA or another free
trade agreement, tariff treatment essentially equivalent to that
accorded to products of NAFTA countries for certain products
not currently eligible for duty-free treatment under the CBERA;
and
(2) to seek the participation of Caribbean Basin beneficiary
countries in the FTAA or another free trade agreement at
the earliest possible date, with the goal of achieving full partici-
pation in such agreement not later than 2005.
SEC. 203. DEFINITIONS.
In this title:
(1) NAFTA.—The term ‘‘NAFTA’’ means the North Amer-
ican Free Trade Agreement entered into between the United
States, Mexico, and Canada on December 17, 1992.
(2) NAFTA COUNTRY.—The term ‘‘NAFTA country’’ means
any country with respect to which the NAFTA is in force.
(3) WTO AND WTO MEMBER.—The terms ‘‘WTO’’ and ‘‘WTO
member’’ have the meanings given those terms in section 2
of the Uruguay Round Agreements Act (19 U.S.C. 3501).
Subtitle B—Trade Benefits for Caribbean
Basin Countries
SEC. 211. TEMPORARY PROVISIONS TO PROVIDE ADDITIONAL TRADE
BENEFITS TO CERTAIN BENEFICIARY COUNTRIES.
(a) TEMPORARY PROVISIONS.—Section 213(b) of the Caribbean
Basin Economic Recovery Act (19 U.S.C. 2703(b)) is amended to
read as follows:
‘‘(b) IMPORT-SENSITIVE ARTICLES.—
‘‘(1) IN GENERAL.—Subject to paragraphs (2) through (5),
the duty-free treatment provided under this title does not apply
to—
H. R. 434—27
‘‘(A) textile and apparel articles which were not eligible
articles for purposes of this title on January 1, 1994, as
this title was in effect on that date;
‘‘(B) footwear not designated at the time of the effective
date of this title as eligible articles for the purpose of
the generalized system of preferences under title V of the
Trade Act of 1974;
‘‘(C) tuna, prepared or preserved in any manner, in
airtight containers;
‘‘(D) petroleum, or any product derived from petroleum,
provided for in headings 2709 and 2710 of the HTS;
‘‘(E) watches and watch parts (including cases, brace-
lets, and straps), of whatever type including, but not limited
to, mechanical, quartz digital or quartz analog, if such
watches or watch parts contain any material which is the
product of any country with respect to which HTS column
2 rates of duty apply; or
‘‘(F) articles to which reduced rates of duty apply under
subsection (h).
‘‘(2) TRANSITION PERIOD TREATMENT OF CERTAIN TEXTILE
AND APPAREL ARTICLES.—
‘‘(A) ARTICLES COVERED.—During the transition period,
the preferential treatment described in subparagraph (B)
shall apply to the following articles:
‘‘(i) APPAREL ARTICLES ASSEMBLED IN ONE OR MORE
CBTPA
BENEFICIARY
COUNTRIES.—Apparel 
articles
assembled in one or more CBTPA beneficiary countries
from fabrics wholly formed and cut in the United
States, from yarns wholly formed in the United States,
(including fabrics not formed from yarns, if such fabrics
are classifiable under heading 5602 or 5603 of the
HTS and are wholly formed and cut in the United
States) that are—
‘‘(I) entered under subheading 9802.00.80 of
the HTS; or
‘‘(II) entered under chapter 61 or 62 of the
HTS, if, after such assembly, the articles would
have 
qualified 
for 
entry 
under 
subheading
9802.00.80 of the HTS but for the fact that the
articles were embroidered or subjected to stone-
washing, enzyme-washing, acid washing, perma-
pressing, oven-baking, bleaching, garment-dyeing,
screen printing, or other similar processes.
‘‘(ii) APPAREL ARTICLES CUT AND ASSEMBLED IN ONE
OR MORE CBTPA BENEFICIARY COUNTRIES.—Apparel arti-
cles cut in one or more CBTPA beneficiary countries
from fabric wholly formed in the United States from
yarns wholly formed in the United States (including
fabrics not formed from yarns, if such fabrics are classi-
fiable under heading 5602 or 5603 of the HTS and
are wholly formed in the United States), if such articles
are assembled in one or more such countries with
thread formed in the United States.
‘‘(iii) CERTAIN KNIT APPAREL ARTICLES.—(I) Apparel
articles knit to shape (other than socks provided for
in heading 6115 of the HTS) in a CBTPA beneficiary
country from yarns wholly formed in the United States,
H. R. 434—28
and knit apparel articles (other than t-shirts described
in subclause (III)) cut and wholly assembled in one
or more CBTPA beneficiary countries from fabric
formed in one or more CBTPA beneficiary countries
or the United States from yarns wholly formed in
the United States (including fabrics not formed from
yarns, if such fabrics are classifiable under heading
5602 or 5603 of the HTS and are formed in one or
more CBTPA beneficiary countries), in an amount not
exceeding the amount set forth in subclause (II).
‘‘(II) The amount referred to in subclause (I) is—
‘‘(aa) 250,000,000 square meter equivalents
during the 1-year period beginning on October 1,
2000, increased by 16 percent, compounded
annually, in each succeeding 1-year period through
September 30, 2004; and
‘‘(bb) in each 1-year period thereafter through
September 30, 2008, the amount in effect for the
1-year period ending on September 30, 2004, or
such other amount as may be provided by law.
‘‘(III) T-shirts, other than underwear, classifiable
under subheadings 6109.10.00 and 6109.90.10 of the
HTS, made in one or more CBTPA beneficiary coun-
tries from fabric formed in one or more CBTPA bene-
ficiary countries from yarns wholly formed in the
United States, in an amount not exceeding the amount
set forth in subclause (IV).
‘‘(IV) the amount referred to in subclause (III)
is—
‘‘(aa) 4,200,000 dozen during the 1-year period
beginning on October 1, 2000, increased by 16
percent, compounded annually, in each succeeding
1-year period through September 30, 2004; and
‘‘(bb) in each 1-year period thereafter, the
amount in effect for the 1-year period ending on
September 30, 2004, or such other amount as may
be provided by law.
‘‘(V) It is the sense of the Congress that the Con-
gress should determine, based on the record of expan-
sion of exports from the United States as a result
of the preferential treatment of articles under this
clause, the percentage by which the amount provided
in subclauses (II) and (IV) should be compounded for
the 1-year periods occurring after the 1-year period
ending on September 30, 2004.
‘‘(iv) CERTAIN OTHER APPAREL ARTICLES.—(I) Sub-
ject to subclause (II), any apparel article classifiable
under subheading 6212.10 of the HTS, if the article
is both cut and sewn or otherwise assembled in the
United States, or one or more of the CBTPA beneficiary
countries, or both.
‘‘(II) During the 1-year period beginning on October
1, 2001, and during each of the six succeeding 1-year
periods, apparel articles described in subclause (I) of
a producer or an entity controlling production shall
H. R. 434—29
be eligible for preferential treatment under subpara-
graph (B) only if the aggregate cost of fabric compo-
nents formed in the United States that are used in
the production of all such articles of that producer
or entity during the preceding 1-year period is at least
75 percent of the aggregate declared customs value
of the fabric contained in all such articles of that
producer or entity that are entered during the pre-
ceding 1-year period.
‘‘(III) The United States Customs Service shall
develop and implement methods and procedures to
ensure ongoing compliance with the requirement set
forth in subclause (II). If the Customs Service finds
that a producer or an entity controlling production
has not satisfied such requirement in a 1-year period,
then apparel articles described in subclause (I) of that
producer or entity shall be ineligible for preferential
treatment under subparagraph (B) during any suc-
ceeding 1-year period until the aggregate cost of fabric
components formed in the United States used in the
production of such articles of that producer or entity
in the preceding 1-year period is at least 85 percent
of the aggregate declared customs value of the fabric
contained in all such articles of that producer or entity
that are entered during the preceding 1-year period.
‘‘(v) APPAREL ARTICLES ASSEMBLED FROM FABRICS
OR YARN NOT WIDELY AVAILABLE IN COMMERCIAL QUAN-
TITIES.—(I) Apparel articles that are both cut (or knit-
to-shape) and sewn or otherwise assembled in one or
more CBTPA beneficiary countries, from fabrics or yarn
that is not formed in the United States or in one
or more CBTPA beneficiary countries, to the extent
that apparel articles of such fabrics or yarn would
be eligible for preferential treatment, without regard
to the source of the fabrics or yarn, under Annex
401 of the NAFTA.
‘‘(II) At the request of any interested party, the
President is authorized to proclaim additional fabrics
and yarn as eligible for preferential treatment under
subclause (I) if—
‘‘(aa) the President determines that such fab-
rics or yarn cannot be supplied by the domestic
industry in commercial quantities in a timely
manner;
‘‘(bb) the President has obtained advice
regarding the proposed action from the appropriate
advisory committee established under section 135
of the Trade Act of 1974 (19 U.S.C. 2155) and
the United States International Trade Commis-
sion;
‘‘(cc) within 60 days after the request, the
President has submitted a report to the Committee
on Ways and Means of the House of Representa-
tives and the Committee on Finance of the Senate
that sets forth the action proposed to be proclaimed
and the reasons for such actions, and the advice
obtained under division (bb);
H. R. 434—30
‘‘(dd) a period of 60 calendar days, beginning
with the first day on which the President has
met the requirements of division (cc), has expired;
and
‘‘(ee) the President has consulted with such
committees regarding the proposed action during
the period referred to in division (cc).
‘‘(vi) HANDLOOMED, HANDMADE, AND
FOLKLORE
ARTICLES.—A handloomed, handmade, or folklore
article of a CBTPA beneficiary country identified under
subparagraph (C) that is certified as such by the com-
petent authority of such beneficiary country.
‘‘(vii) SPECIAL RULES.—
‘‘(I) EXCEPTION
FOR
FINDINGS
AND
TRIM-
MINGS.—(aa) An article otherwise eligible for pref-
erential treatment under this paragraph shall not
be ineligible for such treatment because the article
contains findings or trimmings of foreign origin,
if such findings and trimmings do not exceed 25
percent of the cost of the components of the assem-
bled product. Examples of findings and trimmings
are sewing thread, hooks and eyes, snaps, buttons,
‘bow buds’, decorative lace, trim, elastic strips, zip-
pers, including zipper tapes and labels, and other
similar products. Elastic strips are considered
findings or trimmings only if they are each less
than 1 inch in width and are used in the produc-
tion of brassieres.
‘‘(bb) In the case of an article described in
clause (ii) of this subparagraph, sewing thread
shall not be treated as findings or trimmings under
this subclause.
‘‘(II) CERTAIN
INTERLINING.—(aa) An article
otherwise eligible for preferential treatment under
this paragraph shall not be ineligible for such
treatment because the article contains certain
interlinings of foreign origin, if the value of such
interlinings (and any findings and trimmings) does
not exceed 25 percent of the cost of the components
of the assembled article.
‘‘(bb) Interlinings eligible for the treatment
described in division (aa) include only a chest type
plate, ‘hymo’ piece, or ‘sleeve header’, of woven
or weft-inserted warp knit construction and of
coarse animal hair or man-made filaments.
‘‘(cc) The treatment described in this subclause
shall terminate if the President makes a deter-
mination that United States manufacturers are
producing such interlinings in the United States
in commercial quantities.
‘‘(III) DE MINIMIS RULE.—An article that would
otherwise be ineligible for preferential treatment
under this paragraph because the article contains
fibers or yarns not wholly formed in the United
States or in one or more CBTPA beneficiary coun-
tries shall not be ineligible for such treatment
if the total weight of all such fibers or yarns is
H. R. 434—31
not more than 7 percent of the total weight of
the good. Notwithstanding the preceding sentence,
an apparel article containing elastomeric yarns
shall be eligible for preferential treatment under
this paragraph only if such yarns are wholly
formed in the United States.
‘‘(IV) SPECIAL ORIGIN RULE.—An article other-
wise eligible for preferential treatment under
clause (i) or (ii) of this subparagraph shall not
be ineligible for such treatment because the article
contains nylon filament yarn (other than elas-
tomeric yarn) that is classifiable under subheading
5402.10.30, 5402.10.60, 5402.31.30, 5402.31.60,
5402.32.30, 5402.32.60, 5402.41.10, 5402.41.90,
5402.51.00, or 5402.61.00 of the HTS duty-free
from a country that is a party to an agreement
with the United States establishing a free trade
area, which entered into force before January 1,
1995.
‘‘(viii) TEXTILE LUGGAGE.—Textile luggage—
‘‘(I) assembled in a CBTPA beneficiary country
from fabric wholly formed and cut in the United
States, from yarns wholly formed in the United
States, 
that 
is 
entered 
under 
subheading
9802.00.80 of the HTS; or
‘‘(II) assembled from fabric cut in a CBTPA
beneficiary country from fabric wholly formed in
the United States from yarns wholly formed in
the United States.
‘‘(B) PREFERENTIAL TREATMENT.—Except as provided
in subparagraph (E), during the transition period, the arti-
cles to which this subparagraph applies shall enter the
United States free of duty and free of any quantitative
restrictions, limitations, or consultation levels.
‘‘(C) HANDLOOMED, HANDMADE, AND
FOLKLORE
ARTI-
CLES.—For purposes of subparagraph (A)(vi), the President
shall consult with representatives of the CBTPA beneficiary
countries concerned for the purpose of identifying particular
textile and apparel goods that are mutually agreed upon
as being handloomed, handmade, or folklore goods of a
kind described in section 2.3(a), (b), or (c) of the Annex
or Appendix 3.1.B.11 of the Annex.
‘‘(D) PENALTIES FOR TRANSSHIPMENTS.—
‘‘(i) PENALTIES FOR EXPORTERS.—If the President
determines, based on sufficient evidence, that an
exporter has engaged in transshipment with respect
to textile or apparel articles from a CBTPA beneficiary
country, then the President shall deny all benefits
under this title to such exporter, and any successor
of such exporter, for a period of 2 years.
‘‘(ii) PENALTIES
FOR
COUNTRIES.—Whenever the
President finds, based on sufficient evidence, that
transshipment has occurred, the President shall
request that the CBTPA beneficiary country or coun-
tries through whose territory the transshipment has
occurred take all necessary and appropriate actions
H. R. 434—32
to prevent such transshipment. If the President deter-
mines that a country is not taking such actions, the
President shall reduce the quantities of textile and
apparel articles that may be imported into the United
States from such country by the quantity of the trans-
shipped articles multiplied by 3, to the extent con-
sistent with the obligations of the United States under
the WTO.
‘‘(iii) TRANSSHIPMENT DESCRIBED.—Transshipment
within the meaning of this subparagraph has occurred
when preferential treatment under subparagraph (B)
has been claimed for a textile or apparel article on
the basis of material false information concerning the
country of origin, manufacture, processing, or assembly
of the article or any of its components. For purposes
of this clause, false information is material if disclosure
of the true information would mean or would have
meant that the article is or was ineligible for pref-
erential treatment under subparagraph (B).
‘‘(E) BILATERAL EMERGENCY ACTIONS.—
‘‘(i) IN GENERAL.—The President may take bilateral
emergency tariff actions of a kind described in section
4 of the Annex with respect to any apparel article
imported from a CBTPA beneficiary country if the
application of tariff treatment under subparagraph (B)
to such article results in conditions that would be
cause for the taking of such actions under such section
4 with respect to a like article described in the same
8-digit subheading of the HTS that is imported from
Mexico.
‘‘(ii) RULES
RELATING
TO
BILATERAL
EMERGENCY
ACTION.—For purposes of applying bilateral emergency
action under this subparagraph—
‘‘(I) the requirements of paragraph (5) of sec-
tion 4 of the Annex (relating to providing com-
pensation) shall not apply;
‘‘(II) the term ‘transition period’ in section 4
of the Annex shall have the meaning given that
term in paragraph (5)(D) of this subsection; and
‘‘(III) the requirements to consult specified in
section 4 of the Annex shall be treated as satisfied
if the President requests consultations with the
CBTPA beneficiary country in question and the
country does not agree to consult within the time
period specified under section 4.
‘‘(3) TRANSITION
PERIOD
TREATMENT
OF
CERTAIN
OTHER
ARTICLES ORIGINATING IN BENEFICIARY COUNTRIES.—
‘‘(A) EQUIVALENT TARIFF TREATMENT.—
‘‘(i) IN GENERAL.—Subject to clause (ii), the tariff
treatment accorded at any time during the transition
period to any article referred to in any of subpara-
graphs (B) through (F) of paragraph (1) that is a
CBTPA originating good shall be identical to the tariff
treatment that is accorded at such time under Annex
302.2 of the NAFTA to an article described in the
same 8-digit subheading of the HTS that is a good
of Mexico and is imported into the United States.
H. R. 434—33
‘‘(ii) EXCEPTION.—Clause (i) does not apply to any
article accorded duty-free treatment under U.S. Note
2(b) to subchapter II of chapter 98 of the HTS.
‘‘(B) RELATIONSHIP
TO
SUBSECTION (h) DUTY
REDUC-
TIONS.—If at any time during the transition period the
rate of duty that would (but for action taken under subpara-
graph (A)(i) in regard to such period) apply with respect
to any article under subsection (h) is a rate of duty that
is lower than the rate of duty resulting from such action,
then such lower rate of duty shall be applied for the pur-
poses of implementing such action.
‘‘(4) CUSTOMS PROCEDURES.—
‘‘(A) IN GENERAL.—
‘‘(i) REGULATIONS.—Any importer that claims pref-
erential treatment under paragraph (2) or (3) shall
comply with customs procedures similar in all material
respects to the requirements of Article 502(1) of the
NAFTA as implemented pursuant to United States
law, in accordance with regulations promulgated by
the Secretary of the Treasury.
‘‘(ii) DETERMINATION.—
‘‘(I) IN GENERAL.—In order to qualify for the
preferential treatment under paragraph (2) or (3)
and for a Certificate of Origin to be valid with
respect to any article for which such treatment
is claimed, there shall be in effect a determination
by the President that each country described in
subclause (II)—
‘‘(aa) has implemented and follows; or
‘‘(bb) is making substantial progress
toward implementing and following,
procedures and requirements similar in all mate-
rial respects to the relevant procedures and
requirements under chapter 5 of the NAFTA.
‘‘(II) 
COUNTRY
DESCRIBED.—A 
country 
is
described in this subclause if it is a CBTPA bene-
ficiary country—
‘‘(aa) from which the article is exported;
or
‘‘(bb) in which materials used in the
production of the article originate or in which
the article or such materials undergo produc-
tion that contributes to a claim that the article
is eligible for preferential treatment under
paragraph (2) or (3).
‘‘(B) CERTIFICATE OF ORIGIN.—The Certificate of Origin
that otherwise would be required pursuant to the provisions
of subparagraph (A) shall not be required in the case of
an article imported under paragraph (2) or (3) if such
Certificate of Origin would not be required under Article
503 of the NAFTA (as implemented pursuant to United
States law), if the article were imported from Mexico.
‘‘(C) REPORT BY USTR ON COOPERATION OF OTHER COUN-
TRIES
CONCERNING
CIRCUMVENTION.—The United States
Commissioner of Customs shall conduct a study analyzing
the extent to which each CBTPA beneficiary country—
H. R. 434—34
‘‘(i) has cooperated fully with the United States,
consistent with its domestic laws and procedures, in
instances of circumvention or alleged circumvention
of existing quotas on imports of textile and apparel
goods, to establish necessary relevant facts in the
places of import, export, and, where applicable, trans-
shipment, including investigation of circumvention
practices, exchanges of documents, correspondence,
reports, and other relevant information, to the extent
such information is available;
‘‘(ii) has taken appropriate measures, consistent
with its domestic laws and procedures, against
exporters and importers involved in instances of false
declaration 
concerning 
fiber 
content, 
quantities,
description, classification, or origin of textile and
apparel goods; and
‘‘(iii) has penalized the individuals and entities
involved in any such circumvention, consistent with
its domestic laws and procedures, and has worked
closely to seek the cooperation of any third country
to prevent such circumvention from taking place in
that third country.
The Trade Representative shall submit to Congress, not
later than October 1, 2001, a report on the study conducted
under this subparagraph.
‘‘(5) DEFINITIONS AND SPECIAL RULES.—For purposes of this
subsection—
‘‘(A) ANNEX.—The term ‘the Annex’ means Annex 300–
B of the NAFTA.
‘‘(B) CBTPA BENEFICIARY COUNTRY.—The term ‘CBTPA
beneficiary country’ means any ‘beneficiary country’, as
defined in section 212(a)(1)(A) of this title, which the Presi-
dent designates as a CBTPA beneficiary country, taking
into account the criteria contained in subsections (b) and
(c) of section 212 and other appropriate criteria, including
the following:
‘‘(i) Whether the beneficiary country has dem-
onstrated a commitment to—
‘‘(I) undertake its obligations under the WTO,
including those agreements listed in section 101(d)
of the Uruguay Round Agreements Act, on or
ahead of schedule; and
‘‘(II) participate in negotiations toward the
completion of the FTAA or another free trade
agreement.
‘‘(ii) The extent to which the country provides
protection of intellectual property rights consistent
with or greater than the protection afforded under
the Agreement on Trade-Related Aspects of Intellectual
Property Rights described in section 101(d)(15) of the
Uruguay Round Agreements Act.
‘‘(iii) The extent to which the country provides
internationally recognized worker rights, including—
‘‘(I) the right of association;
‘‘(II) the right to organize and bargain collec-
tively;
H. R. 434—35
‘‘(III) a prohibition on the use of any form
of forced or compulsory labor;
‘‘(IV) a minimum age for the employment of
children; and
‘‘(V) acceptable conditions of work with respect
to minimum wages, hours of work, and occupa-
tional safety and health;
‘‘(iv) Whether the country has implemented its
commitments to eliminate the worst forms of child
labor, as defined in section 507(6) of the Trade Act
of 1974.
‘‘(v) The extent to which the country has met the
counter-narcotics certification criteria set forth in sec-
tion 490 of the Foreign Assistance Act of 1961 (22
U.S.C. 2291j) for eligibility for United States assist-
ance.
‘‘(vi) The extent to which the country has taken
steps to become a party to and implements the Inter-
American Convention Against Corruption.
‘‘(vii) The extent to which the country—
‘‘(I) applies transparent, nondiscriminatory,
and 
competitive 
procedures 
in 
government
procurement equivalent to those contained in the
Agreement on Government Procurement described
in section 101(d)(17) of the Uruguay Round Agree-
ments Act; and
‘‘(II) contributes to efforts in international fora
to develop and implement international rules in
transparency in government procurement.
‘‘(C) CBTPA ORIGINATING GOOD.—
‘‘(i) IN GENERAL.—The term ‘CBTPA originating
good’ means a good that meets the rules of origin
for a good set forth in chapter 4 of the NAFTA as
implemented pursuant to United States law.
‘‘(ii) APPLICATION
OF
CHAPTER
4.—In applying
chapter 4 of the NAFTA with respect to a CBTPA
beneficiary country for purposes of this subsection—
‘‘(I) no country other than the United States
and a CBTPA beneficiary country may be treated
as being a party to the NAFTA;
‘‘(II) any reference to trade between the United
States and Mexico shall be deemed to refer to
trade between the United States and a CBTPA
beneficiary country;
‘‘(III) any reference to a party shall be deemed
to refer to a CBTPA beneficiary country or the
United States; and
‘‘(IV) any reference to parties shall be deemed
to refer to any combination of CBTPA beneficiary
countries or to the United States and one or more
CBTPA beneficiary countries (or any combination
thereof ).
‘‘(D) TRANSITION PERIOD.—The term ‘transition period’
means, with respect to a CBTPA beneficiary country, the
period that begins on October 1, 2000, and ends on the
earlier of—
‘‘(i) September 30, 2008; or
H. R. 434—36
‘‘(ii) the date on which the FTAA or another free
trade agreement that makes substantial progress in
achieving the negotiating objectives set forth in
108(b)(5) of Public Law 103–182 (19 U.S.C. 3317(b)(5))
enters into force with respect to the United States
and the CBTPA beneficiary country.
‘‘(E) CBTPA.—The term ‘CBTPA’ means the United
States-Caribbean Basin Trade Partnership Act.
‘‘(F) FTAA.—The term ‘FTAA’ means the Free Trade
Area of the Americas.’’.
(b) DETERMINATION REGARDING RETENTION OF DESIGNATION.—
Section 212(e) of the Caribbean Basin Economic Recovery Act (19
U.S.C. 2702(e)) is amended—
(1) in paragraph (1)—
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively;
(B) by inserting ‘‘(A)’’ after ‘‘(1)’’; and
(C) by adding at the end the following:
‘‘(B) The President may, after the requirements of subsection
(a)(2) and paragraph (2) have been met—
‘‘(i) withdraw or suspend the designation of any country
as a CBTPA beneficiary country; or
‘‘(ii) withdraw, suspend, or limit the application of pref-
erential treatment under section 213(b)(2) and (3) to any article
of any country,
if, after such designation, the President determines that, as a
result of changed circumstances, the performance of such country
is not satisfactory under the criteria set forth in section
213(b)(5)(B).’’; and
(2) by adding after paragraph (2) the following new para-
graph:
‘‘(3) If preferential treatment under section 213(b)(2) and (3)
is withdrawn, suspended, or limited with respect to a CBTPA bene-
ficiary country, such country shall not be deemed to be a ‘party’
for the purposes of applying section 213(b)(5)(C) to imports of arti-
cles for which preferential treatment has been withdrawn, sus-
pended, or limited with respect to such country.’’.
(c) REPORTING REQUIREMENTS.—
(1) Section 212(f ) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2702(f )) is amended to read as follows:
‘‘(f ) REPORTING REQUIREMENTS.—
‘‘(1) IN GENERAL.—Not later than December 31, 2001, and
every 2 years thereafter during the period this title is in effect,
the United States Trade Representative shall submit to Con-
gress a report regarding the operation of this title, including—
‘‘(A) with respect to subsections (b) and (c), the results
of a general review of beneficiary countries based on the
considerations described in such subsections; and
‘‘(B) the performance of each beneficiary country or
CBTPA beneficiary country, as the case may be, under
the criteria set forth in section 213(b)(5)(B).
‘‘(2) PUBLIC
COMMENT.—Before submitting the report
described in paragraph (1), the United States Trade Represent-
ative shall publish a notice in the Federal Register requesting
public comments on whether beneficiary countries are meeting
the criteria listed in section 213(b)(5)(B).’’.
H. R. 434—37
(2) Section 203(f ) of the Andean Trade Preference Act
(19 U.S.C. 3202(f )) is amended—
(A) by striking ‘‘TRIENNIAL REPORT’’ in the heading
and inserting ‘‘REPORT’’; and
(B) by striking ‘‘On or before’’ and all that follows
through ‘‘enactment of this title’’ and inserting ‘‘Not later
than January 31, 2001’’.
(d) INTERNATIONAL TRADE COMMISSION REPORTS.—
(1) Section 215(a) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2704(a)) is amended to read as follows:
‘‘(a) REPORTING REQUIREMENT.—
‘‘(1) IN GENERAL.—The United States International Trade
Commission (in this section referred to as the ‘Commission’)
shall submit to Congress and the President biennial reports
regarding the economic impact of this title on United States
industries and consumers and on the economy of the beneficiary
countries.
‘‘(2) FIRST REPORT.—The first report shall be submitted
not later than September 30, 2001.
‘‘(3) TREATMENT OF PUERTO RICO, ETC.—For purposes of
this section, industries in the Commonwealth of Puerto Rico
and the insular possessions of the United States are considered
to be United States industries.’’.
(2) Section 206(a) of the Andean Trade Preference Act
(19 U.S.C. 3204(a)) is amended to read as follows:
‘‘(a) REPORTING REQUIREMENTS.—
‘‘(1) IN GENERAL.—The United States International Trade
Commission (in this section referred to as the ‘Commission’)
shall submit to Congress and the President biennial reports
regarding the economic impact of this title on United States
industries and consumers, and, in conjunction with other agen-
cies, the effectiveness of this title in promoting drug-related
crop eradication and crop substitution efforts of the beneficiary
countries.
‘‘(2) SUBMISSION.—During the period that this title is in
effect, the report required by paragraph (1) shall be submitted
on December 31 of each year that the report required by section
215 of the Caribbean Basin Economic Recovery Act is not
submitted.
‘‘(3) TREATMENT OF PUERTO RICO, ETC.—For purposes of
this section, industries in the Commonwealth of Puerto Rico
and the insular possessions of the United States are considered
to be United States industries.’’.
(e) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) IN GENERAL.—
(A) Section 211 of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2701) is amended by inserting
‘‘(or other preferential treatment)’’ after ‘‘treatment’’.
(B) Section 213(a)(1) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703(a)(1)) is amended by inserting
‘‘and except as provided in subsection (b)(2) and (3),’’ after
‘‘Tax Reform Act of 1986,’’.
(2) DEFINITIONS.—Section 212(a)(1) of the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2702(a)(1)) is amended by
adding at the end the following new subparagraphs:
H. R. 434—38
‘‘(D) The term ‘NAFTA’ means the North American
Free Trade Agreement entered into between the United
States, Mexico, and Canada on December 17, 1992.
‘‘(E) The terms ‘WTO’ and ‘WTO member’ have the
meanings given those terms in section 2 of the Uruguay
Round Agreements Act (19 U.S.C. 3501).’’.
SEC. 212. DUTY-FREE TREATMENT FOR CERTAIN BEVERAGES MADE
WITH CARIBBEAN RUM.
Section 213(a) of the Caribbean Basin Economic Recovery Act
(19 U.S.C. 2703(a)) is amended—
(1) in paragraph (5), by striking ‘‘chapter’’ and inserting
‘‘title’’; and
(2) by adding at the end the following new paragraph:
‘‘(6) Notwithstanding paragraph (1), the duty-free treatment
provided under this title shall apply to liqueurs and spirituous
beverages produced in the territory of Canada from rum if—
‘‘(A) such rum is the growth, product, or manufacture of
a beneficiary country or of the Virgin Islands of the United
States;
‘‘(B) such rum is imported directly from a beneficiary
country or the Virgin Islands of the United States into the
territory of Canada, and such liqueurs and spirituous beverages
are imported directly from the territory of Canada into the
customs territory of the United States;
‘‘(C) when imported into the customs territory of the United
States, such liqueurs and spirituous beverages are classified
in subheading 2208.90 or 2208.40 of the HTS; and
‘‘(D) such rum accounts for at least 90 percent by volume
of the alcoholic content of such liqueurs and spirituous bev-
erages.’’.
SEC. 213. MEETINGS OF TRADE MINISTERS AND USTR.
(a) SCHEDULE
OF MEETINGS.—The President shall take the
necessary steps to convene a meeting with the trade ministers
of the CBTPA beneficiary countries in order to establish a schedule
of regular meetings, to commence as soon as is practicable, of
the trade ministers and the Trade Representative, for the purpose
set forth in subsection (b).
(b) PURPOSE.—The purpose of the meetings scheduled under
subsection (a) is to reach agreement between the United States
and CBTPA beneficiary countries on the likely timing and proce-
dures for initiating negotiations for CBTPA beneficiary countries
to enter into mutually advantageous free trade agreements with
the United States that contain provisions comparable to those in
the NAFTA and would make substantial progress in achieving
the negotiating objectives set forth in section 108(b)(5) of Public
Law 103–182 (19 U.S.C. 3317(b)(5)).
(c) DEFINITION.—In this section, the term ‘‘CBTPA beneficiary
country’’ has the meaning given that term in section 213(b)(5)(B)
of the Caribbean Basin Economic Recovery Act.
TITLE III—NORMAL TRADE RELATIONS
SEC. 301. NORMAL TRADE RELATIONS FOR ALBANIA.
(a) FINDINGS.—Congress makes the following findings:
H. R. 434—39
(1) Albania has been found to be in full compliance with
the freedom of emigration requirements under title IV of the
Trade Act of 1974.
(2) Since its emergence from communism, Albania has
made progress toward democratic rule and the creation of a
free-market economy.
(3) Albania has concluded a bilateral investment treaty
with the United States.
(4) Albania has demonstrated a strong desire to build a
friendly relationship with the United States and has been very
cooperative with NATO and the international community
during and after the Kosova crisis.
(5) The extension of unconditional normal trade relations
treatment to the products of Albania will enable the United
States to avail itself of all rights under the World Trade
Organization with respect to Albania when that country
becomes a member of the World Trade Organization.
(b) TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE
ACT OF 1974 TO ALBANIA.—
(1) PRESIDENTIAL
DETERMINATIONS
AND
EXTENSIONS
OF
NONDISCRIMINATORY TREATMENT.—Notwithstanding any provi-
sion of title IV of the Trade Act of 1974 (19 U.S.C. 2431
et seq.), the President may—
(A) determine that such title should no longer apply
to Albania; and
(B) after making a determination under subparagraph
(A) with respect to Albania, proclaim the extension of non-
discriminatory treatment (normal trade relations treat-
ment) to the products of that country.
(2) TERMINATION OF APPLICATION OF TITLE IV.—On or after
the effective date of the extension under paragraph (1)(B) of
nondiscriminatory treatment to the products of Albania, title
IV of the Trade Act of 1974 shall cease to apply to that country.
SEC. 302. NORMAL TRADE RELATIONS FOR KYRGYZSTAN.
(a) FINDINGS.—Congress makes the following findings:
(1) Kyrgyzstan has been found to be in full compliance
with the freedom of emigration requirements under title IV
of the Trade Act of 1974.
(2) Since its independence from the Soviet Union in 1991,
Kyrgyzstan has made great progress toward democratic rule
and toward creating a free-market economic system.
(3) Kyrgyzstan concluded a bilateral investment treaty with
the United States in 1994.
(4) Kyrgyzstan has demonstrated a strong desire to build
a friendly and cooperative relationship with the United States.
(5) The extension of unconditional normal trade relations
treatment to the products of Kyrgyzstan will enable the United
States to avail itself of all rights under the World Trade
Organization with respect to Kyrgyzstan.
(b) TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE
ACT OF 1974 TO KYRGYZSTAN.—
(1) PRESIDENTIAL
DETERMINATIONS
AND
EXTENSIONS
OF
NONDISCRIMINATORY TREATMENT.—Notwithstanding any provi-
sion of title IV of the Trade Act of 1974 (19 U.S.C. 2431
et seq.), the President may—
H. R. 434—40
(A) determine that such title should no longer apply
to Kyrgyzstan; and
(B) after making a determination under subparagraph
(A) with respect to Kyrgyzstan, proclaim the extension
of nondiscriminatory treatment (normal trade relations
treatment) to the products of that country.
(2) TERMINATION OF APPLICATION OF TITLE IV.—On or after
the effective date of the extension under paragraph (1)(B) of
nondiscriminatory treatment to the products of Kyrgyzstan,
title IV of the Trade Act of 1974 shall cease to apply to that
country.
TITLE IV—OTHER TRADE PROVISIONS
SEC. 401. REPORT ON EMPLOYMENT AND TRADE ADJUSTMENT ASSIST-
ANCE.
(a) IN GENERAL.—Not later than 9 months after the date of
the enactment of this section, the Comptroller General of the United
States shall submit to Congress a report regarding the efficiency
and effectiveness of Federal and State coordination of employment
and retraining activities associated with the following programs
and legislation:
(1) Trade adjustment assistance (including NAFTA trade
adjustment assistance) provided for under title II of the Trade
Act of 1974.
(2) The Job Training Partnership Act.
(3) The Workforce Investment Act of 1998.
(4) Unemployment insurance.
(b) PERIOD COVERED.—The report shall cover the activities
involved in the programs and legislation listed in subsection (a)
from January 1, 1994, to December 31, 1999.
(c) DATA AND RECOMMENDATIONS.—The report shall at a min-
imum include specific data and recommendations regarding—
(1) the compatibility of program requirements related to
the employment and retraining of dislocated workers in the
United States, with particular emphasis on the trade adjust-
ment assistance programs provided for under title II of the
Trade Act of 1974;
(2) the compatibility of application procedures related to
the employment and retraining of dislocated workers in the
United States;
(3) the capacity of the programs in addressing foreign trade
and the transfer of production to other countries on workers
in the United States measured in terms of loss of employment
and wages;
(4) the capacity of the programs in addressing foreign trade
and the transfer of production to other countries on secondary
workers in the United States measured in terms of loss of
employment and wages;
(5) how the impact of foreign trade and the transfer of
production to other countries would have changed the number
of beneficiaries covered under the trade adjustment assistance
program if the trade adjustment assistance program covered
secondary workers in the United States; and
(6) the effectiveness of the programs described in subsection
(a) in achieving reemployment of United States workers and
H. R. 434—41
maintaining wage levels of United States workers who have
been dislocated as a result of foreign trade and the transfer
of production to other countries.
SEC. 402. TRADE ADJUSTMENT ASSISTANCE.
(a) CERTIFICATION OF ELIGIBILITY FOR WORKERS REQUIRED FOR
DECOMMISSIONING OR CLOSURE OF FACILITY.—
(1) IN GENERAL.—Notwithstanding any other provision of
law or any decision by the Secretary of Labor denying certifi-
cation or eligibility for certification for adjustment assistance
under title II of the Trade Act of 1974, a qualified worker
described in paragraph (2) shall be certified by the Secretary
as eligible to apply for adjustment assistance under such title
II.
(2) QUALIFIED WORKER.—For purposes of this subsection,
a ‘‘qualified worker’’ means a worker who—
(A) was determined to be covered under Trade Adjust-
ment Assistance Certification TA–W–28,438; and
(B) was necessary for the decommissioning or closure
of a nuclear power facility.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect on the date of the enactment of this Act.
SEC. 403. RELIQUIDATION OF CERTAIN NUCLEAR FUEL ASSEMBLIES.
(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 Secretary of the Treasury not later
than 90 days after the date of the enactment of this Act, the
Secretary shall—
(1) reliquidate as free of duty the entries listed in sub-
section (b); and
(2) refund any duties paid with respect to such entries
as shown on Customs Service Collection Receipt Number
527006753.
(b) ENTRIES.—The entries referred to in subsection (a) are
as follows:
Entry number
Date of entry
062–2320014–5 ...................................
January 16, 1996
062–2320085–5 ...................................
February 13, 1996
839–4030989–7 ...................................
November 25, 1996
839–4031053–1 ...................................
December 2, 1996
839–4031591–0 ...................................
January 21, 1997.
SEC. 404. REPORTS TO THE FINANCE AND WAYS AND MEANS COMMIT-
TEES.
(a) REPORTS REGARDING INITIATIVES TO UPDATE THE INTER-
NATIONAL MONETARY FUND.—Section 607 of the Foreign Operations,
Export Financing, and Related Appropriations Act, 1999 (as con-
tained in section 101(d) of division A of the Omnibus Consolidated
and Emergency Supplemental Appropriations Act, 1999) (Public
Law 105–277; 112 Stat. 2681–224), relating to international finan-
cial programs and reform, is amended—
(1) by inserting ‘‘Finance,’’ after ‘‘Foreign Relations,’’; and
(2) by inserting ‘‘, Ways and Means,’’ before ‘‘and Banking
and Financial Services’’.
H. R. 434—42
(b) REPORTS ON FINANCIAL STABILIZATION PROGRAMS.—Section
1704(b) of the International Financial Institutions Act (22 U.S.C.
262r–3(b)) is amended to read as follows:
‘‘(b) TIMING.—Not later than March 15, 1999, and semiannually
thereafter, the Secretary of the Treasury shall submit to the
Committees on Banking and Financial Services, Ways and Means,
and International Relations of the House of Representatives and
the Committees on Finance, Foreign Relations, and Banking,
Housing, and Urban Affairs of the Senate a report on the matters
described in subsection (a).’’.
(c) ANNUAL REPORT
ON
THE STATE
OF
THE INTERNATIONAL
FINANCIAL SYSTEM, IMF REFORM, AND COMPLIANCE WITH IMF
AGREEMENTS.—Section 1705(a) of the International Financial
Institutions Act (22 U.S.C. 262r–4(a)) is amended by striking ‘‘Com-
mittee on Banking and Financial Services of the House of Rep-
resentatives and the Committee on Foreign Relations of the Senate’’
and inserting ‘‘Committees on Banking and Financial Services and
on Ways and Means of the House of Representatives and the
Committees on Finance and on Foreign Relations of the Senate’’.
(d) AUDITS OF THE IMF.—Section 1706(a) of the International
Financial Institutions Act (22 U.S.C. 262r–5(a)) is amended by
striking ‘‘Committee on Banking and Financial Services of the
House of Representatives and the Committee on Foreign Relations
of the Senate’’ and inserting ‘‘Committees on Banking and Financial
Services and on Ways and Means of the House of Representatives
and the Committees on Finance and on Foreign Relations of the
Senate’’.
(e) REPORT
ON
PROTECTION
OF
BORDERS
AGAINST
DRUG
TRAFFIC.—Section 629 of the Treasury and General Government
Appropriations Act, 1999 (as contained in section 101(h) of division
A of the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999) (Public Law 105–277; 112 Stat. 2681–
522), relating to general provisions, is amended by adding at the
end the following new paragraph:
‘‘(3) For purposes of paragraph (1), the term ‘appropriate
congressional committees’ includes the Committee on Finance of
the Senate and the Committee on Ways and Means of the House
of Representatives.’’.
SEC. 405. CLARIFICATION OF SECTION 334 OF THE URUGUAY ROUND
AGREEMENTS ACT.
(a) IN GENERAL.—Section 334(b)(2) of the Uruguay Round
Agreements Act (19 U.S.C. 3592(b)(2)) is amended—
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) in the matter preceding clause (i) (as redesignated),
by striking ‘‘Notwithstanding paragraph (1)(D)’’ and inserting
‘‘(A) Notwithstanding paragraph (1)(D) and except as provided
in subparagraphs (B) and (C)’’; and
(3) by adding at the end the following:
‘‘(B) Notwithstanding paragraph (1)(C), fabric classified
under the HTS as of silk, cotton, man-made fiber, or vegetable
fiber shall be considered to originate in, and be the growth,
product, or manufacture of, the country, territory, or possession
in which the fabric is both dyed and printed when accompanied
by two or more of the following finishing operations: bleaching,
H. R. 434—43
shrinking, fulling, napping, decating, permanent stiffening,
weighting, permanent embossing, or moireing.
‘‘(C) Notwithstanding paragraph (1)(D), goods classified
under HTS heading 6117.10, 6213.00, 6214.00, 6302.22,
6302.29, 6302.52, 6302.53, 6302.59, 6302.92, 6302.93, 6302.99,
6303.92, 6303.99, 6304.19, 6304.93, 6304.99, 9404.90.85, or
9404.90.95, except for goods classified under such headings
as of cotton or of wool or consisting of fiber blends containing
16 percent or more by weight of cotton, shall be considered
to originate in, and be the growth, product, or manufacture
of, the country, territory, or possession in which the fabric
is both dyed and printed when accompanied by two or more
of the following finishing operations: bleaching, shrinking,
fulling, napping, decating, permanent stiffening, weighting,
permanent embossing, or moireing.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
apply to goods entered, or withdrawn from warehouse for consump-
tion, on or after the date of the enactment of this Act.
SEC. 406. CHIEF AGRICULTURAL NEGOTIATOR.
Section 141 of the Trade Act of 1974 (19 U.S.C. 2171) is
amended—
(1) by amending subsection (b)(2) to read as follows:
‘‘(2) There shall be in the Office three Deputy United States
Trade Representatives and one Chief Agricultural Negotiator
who shall be appointed by the President, by and with the
advice and consent of the Senate. As an exercise of the rule-
making power of the Senate, any nomination of a Deputy
United States Trade Representative or the Chief Agricultural
Negotiator submitted to the Senate for its advice and consent,
and referred to a committee, shall be referred to the Committee
on Finance. Each Deputy United States Trade Representative
and the Chief Agricultural Negotiator shall hold office at the
pleasure of the President and shall have the rank of Ambas-
sador.’’; and
(2) in subsection (c), by adding at the end the following
new paragraph:
‘‘(5) The principal function of the Chief Agricultural Nego-
tiator shall be to conduct trade negotiations and to enforce
trade agreements relating to United States agricultural prod-
ucts and services. The Chief Agricultural Negotiator shall be
a vigorous advocate on behalf of United States agricultural
interests. The Chief Agricultural Negotiator shall perform such
other functions as the United States Trade Representative may
direct.’’.
SEC. 407. REVISION OF RETALIATION LIST OR OTHER REMEDIAL
ACTION.
Section 306(b)(2) of the Trade Act of 1974 (19 U.S.C. 2416(b)(2))
is amended—
(1) by striking ‘‘If the’’ and inserting the following:
‘‘(A) FAILURE
TO
IMPLEMENT
RECOMMENDATION.—If
the’’; and
(2) by adding at the end the following:
‘‘(B) REVISION OF RETALIATION LIST AND ACTION.—
‘‘(i) IN
GENERAL.—Except as provided in clause
(ii), in the event that the United States initiates a
retaliation list or takes any other action described in
H. R. 434—44
section 301(c)(1)(A) or (B) against the goods of a foreign
country or countries because of the failure of such
country or countries to implement the recommendation
made pursuant to a dispute settlement proceeding
under the World Trade Organization, the Trade Rep-
resentative shall periodically revise the list or action
to affect other goods of the country or countries that
have failed to implement the recommendation.
‘‘(ii) EXCEPTION.—The Trade Representative is not
required to revise the retaliation list or the action
described in clause (i) with respect to a country, if—
‘‘(I) the Trade Representative determines that
implementation of a recommendation made pursu-
ant to a dispute settlement proceeding described
in clause (i) by the country is imminent; or
‘‘(II) the Trade Representative together with
the petitioner involved in the initial investigation
under this chapter (or if no petition was filed,
the affected United States industry) agree that
it is unnecessary to revise the retaliation list.
‘‘(C) SCHEDULE
FOR
REVISING
LIST
OR
ACTION.—The
Trade Representative shall, 120 days after the date the
retaliation list or other section 301(a) action is first taken,
and every 180 days thereafter, review the list or action
taken and revise, in whole or in part, the list or action
to affect other goods of the subject country or countries.
‘‘(D) STANDARDS
FOR
REVISING
LIST
OR
ACTION.—In
revising any list or action against a country or countries
under this subsection, the Trade Representative shall act
in a manner that is most likely to result in the country
or countries implementing the recommendations adopted
in the dispute settlement proceeding or in achieving a
mutually satisfactory solution to the issue that gave rise
to the dispute settlement proceeding. The Trade Represent-
ative shall consult with the petitioner, if any, involved
in the initial investigation under this chapter.
‘‘(E) RETALIATION
LIST.—The term ‘retaliation list’
means the list of products of a foreign country or countries
that have failed to comply with the report of the panel
or Appellate Body of the WTO and with respect to which
the Trade Representative is imposing duties above the
level that would otherwise be imposed under the Har-
monized Tariff Schedule of the United States.
‘‘(F) REQUIREMENT TO INCLUDE RECIPROCAL GOODS ON
RETALIATION LIST.—The Trade Representative shall include
on the retaliation list, and on any revised lists, reciprocal
goods of the industries affected by the failure of the foreign
country or countries to implement the recommendation
made pursuant to a dispute settlement proceeding under
the World Trade Organization, except in cases where
existing retaliation and its corresponding preliminary
retaliation list do not already meet this requirement.’’.
SEC. 408. REPORT ON TRADE ADJUSTMENT ASSISTANCE FOR AGRICUL-
TURAL COMMODITY PRODUCERS.
(a) IN GENERAL.—Not later than 4 months after the date of
the enactment of this Act, the Secretary of Labor, in consultation