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during the 1-year period beginning on
March 1, 2002, increased by 16 per-
cent, compounded annually, in each
succeeding 1-year period through Feb-
ruary 28, 2006.
‘‘(iv) CERTAIN OTHER APPAREL ARTI-
CLES.—
‘‘(I) GENERAL RULE.—Subject 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
ATPEA beneficiary countries, or both.
‘‘(II) LIMITATION.—During the 1-
year period beginning on March 1,
2003, and during each of the 2 suc-
ceeding 1-year periods, apparel articles
described in subclause (I) of a producer
or an entity controlling production
shall be eligible for preferential treat-
ment under subparagraph (B) only if
the aggregate cost of fabric components
formed in the United States that are
used in the production of all such arti-
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cles of that producer or entity that are
entered during the preceding 1-year pe-
riod is at least 75 percent of the aggre-
gate declared customs value of the fab-
ric contained in all such articles of
that producer or entity that are en-
tered during the preceding 1-year pe-
riod.
‘‘(III) DEVELOPMENT OF PROCE-
DURE TO ENSURE COMPLIANCE.—The
United States Customs Service shall
develop and implement methods and
procedures to ensure ongoing compli-
ance with the requirement set forth in
subclause (II). If the Customs Service
finds that a producer or an entity con-
trolling production has not satisfied
such requirement in a 1-year period,
then apparel articles described in sub-
clause (I) of that producer or entity
shall be ineligible for preferential treat-
ment under subparagraph (B) during
any succeeding 1-year period until the
aggregate cost of fabric components
formed in the United States used in
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the production of such articles of that
producer or entity that are entered
during the preceding 1-year period is
at least 85 percent of the aggregate de-
clared customs value of the fabric con-
tained in all such articles of that pro-
ducer or entity that are entered during
the preceding 1-year period.
‘‘(v) APPAREL
ARTICLES
ASSEMBLED
FROM FABRICS OR YARN NOT WIDELY AVAIL-
ABLE IN COMMERCIAL QUANTITIES.—At the
request of any interested party, the Presi-
dent is authorized to proclaim additional
fabrics and yarn as eligible for preferential
treatment under clause (i)(IV) if—
‘‘(I) the President determines that
such fabrics or yarn cannot be sup-
plied by the domestic industry in com-
mercial quantities in a timely manner;
‘‘(II) the President has obtained
advice regarding the proposed action
from the appropriate advisory com-
mittee established under section 135 of
the Trade Act of 1974 (19 U.S.C.
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2155) and the United States Inter-
national Trade Commission;
‘‘(III) within 60 days after the re-
quest, the President has submitted a re-
port to the Committee on Ways and
Means of the House of Representatives
and the Committee on Finance of the
Senate that sets forth the action pro-
posed to be proclaimed and the reasons
for such actions, and the advice ob-
tained under subclause (II);
‘‘(IV) a period of 60 calendar
days, beginning with the first day on
which the President has met the re-
quirements of subclause (III), has ex-
pired; and
‘‘(V) the President has consulted
with such committees regarding the
proposed action during the period re-
ferred to in subclause (III).
‘‘(vi) HANDLOOMED, HANDMADE, AND
FOLKLORE
ARTICLES.—A 
handloomed,
handmade, or folklore article of an ATPEA
beneficiary country identified under sub-
paragraph (C) that is certified as such by
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the competent authority of such beneficiary
country.
‘‘(vii) SPECIAL RULES.—
‘‘(I) EXCEPTION
FOR
FINDINGS
AND TRIMMINGS.—(aa) An article oth-
erwise eligible for preferential treat-
ment under this paragraph shall not be
ineligible for such treatment because
the article contains findings or trim-
mings of foreign origin, if such find-
ings and trimmings do not exceed 25
percent of the cost of the components of
the assembled product. Examples of
findings and trimmings are sewing
thread, hooks and eyes, snaps, buttons,
‘bow buds’, decorative lace, trim, elas-
tic strips, zippers, 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 production of brassieres.
‘‘(bb) In the case of an article de-
scribed in clause (i)(I) of this subpara-
graph, sewing thread shall not be treat-
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ed as findings or trimmings under this
subclause.
‘‘(II) CERTAIN
INTERLININGS.—
(aa) An article otherwise eligible for
preferential treatment under this para-
graph 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 ex-
ceed 25 percent of the cost of the com-
ponents 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 determination that
United States manufacturers are pro-
ducing such interlinings in the United
States in commercial quantities.
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‘‘(III) DE MINIMIS RULE.—An ar-
ticle that would otherwise be ineligible
for preferential treatment under this
paragraph because the article contains
yarns not wholly formed in the United
States or in 1 or more ATPEA bene-
ficiary countries shall not be ineligible
for such treatment if the total weight of
all such yarns is not more than 7 per-
cent of the total weight of the good.
Notwithstanding the preceding sen-
tence, an apparel article containing
elastomeric yarns shall be eligible for
preferential treatment under this para-
graph only if such yarns are wholly
formed in the United States.
‘‘(IV) SPECIAL ORIGIN RULE.—An
article otherwise eligible for pref-
erential treatment under clause (i) of
this subparagraph shall not be ineli-
gible for such treatment because the ar-
ticle contains nylon filament yarn
(other than elastomeric yarn) that is
classifiable 
under 
subheading
5402.10.30, 
5402.10.60, 
5402.31.30,
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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 agree-
ment with the United States estab-
lishing a free trade area, which entered
into force before January 1, 1995.
‘‘(V) CLARIFICATION OF CERTAIN
KNIT
APPAREL
ARTICLES.—Notwith-
standing any other provision of law,
an article otherwise eligible for pref-
erential treatment under clause (iii)(I)
of this subparagraph, shall not be in-
eligible for such treatment because the
article, or a component thereof, con-
tains fabric formed in the United
States from yarns wholly formed in the
United States.
‘‘(viii) 
TEXTILE
LUGGAGE.—Textile
luggage—
‘‘(I) assembled in an ATPEA ben-
eficiary country from fabric wholly
formed and cut in the United States,
from yarns wholly formed in the
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United States, that is entered under
subheading 9802.00.80 of the HTS; or
‘‘(II) assembled from fabric cut in
an ATPEA 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 articles to which subpara-
graph (A) applies shall enter the United States
free of duty and free of any quantitative restric-
tions, limitations, or consultation levels.
‘‘(C) HANDLOOMED, HANDMADE, AND FOLK-
LORE ARTICLES.—For purposes of subparagraph
(A)(vi), the President shall consult with rep-
resentatives of the ATPEA beneficiary countries
concerned for the purpose of identifying par-
ticular textile and apparel goods that are mutu-
ally agreed upon as being handloomed, hand-
made, or folklore goods of a kind described in
section 2.3(a), (b), or (c) of the Annex or Appen-
dix 3.1.B.11 of the Annex.
‘‘(D) PENALTIES FOR TRANSSHIPMENTS.—
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‘‘(i) PENALTIES FOR EXPORTERS.—If
the President determines, based on sufficient
evidence, that an exporter has engaged in
transshipment with respect to textile or ap-
parel articles from an ATPEA beneficiary
country, then the President shall deny all
benefits under this title to such exporter,
and any successor of such exporter, for a pe-
riod of 2 years.
‘‘(ii) PENALTIES
FOR
COUNTRIES.—
Whenever the President finds, based on suf-
ficient evidence, that transshipment has oc-
curred, the President shall request that the
ATPEA beneficiary country or countries
through whose territory the transshipment
has occurred take all necessary and appro-
priate actions to prevent such trans-
shipment. If the President determines that a
country is not taking such actions, the
President shall reduce the quantities of tex-
tile and apparel articles that may be im-
ported into the United States from such
country by the quantity of the transshipped
articles multiplied by 3, to the extent con-
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sistent with the obligations of the United
States under the WTO.
‘‘(iii) TRANSSHIPMENT DESCRIBED.—
Transshipment within the meaning of this
subparagraph has occurred when pref-
erential treatment under subparagraph (B)
has been claimed for a textile or apparel ar-
ticle on the basis of material false informa-
tion concerning the country of origin, man-
ufacture, processing, or assembly of the arti-
cle 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 preferential treat-
ment 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 im-
ported from an ATPEA beneficiary country
if the application of tariff treatment under
subparagraph (B) to such article results in
conditions that would be cause for the tak-
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ing 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 ap-
plying bilateral emergency action under
this subparagraph—
‘‘(I) the requirements of para-
graph (5) of section 4 of the Annex (re-
lating 
to 
providing 
compensation)
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 ATPEA beneficiary country in
question and the country does not
agree to consult within the time period
specified under section 4.
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‘‘(3) TRANSITION PERIOD TREATMENT OF CER-
TAIN OTHER ARTICLES ORIGINATING IN BENEFICIARY
COUNTRIES.—
‘‘(A) EQUIVALENT TARIFF TREATMENT.—
‘‘(i) IN GENERAL.—Subject to clauses
(ii) and (iii), the tariff treatment accorded
at any time during the transition period to
any article referred to in any of subpara-
graphs (B), (D) through (F), or (H) of
paragraph (1) that is an ATPEA origi-
nating good, imported directly into the cus-
toms territory of the United States from an
ATPEA beneficiary country, shall be iden-
tical 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.
‘‘(ii) EXCEPTION.—Clause (i) does not
apply to any article accorded duty-free
treatment under U.S. Note 2(b) to sub-
chapter II of chapter 98 of the HTS.
‘‘(iii) CERTAIN FOOTWEAR.—
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‘‘(I) IN GENERAL.—Duties on any
article described in subclause (II), that
is an ATPEA originating good im-
ported directly into the customs terri-
tory of the United States from an
ATPEA beneficiary country, shall be
reduced by 1/15 a year beginning on
the date of enactment of the Andean
Trade Preference Expansion Act.
‘‘(II) ARTICLES DESCRIBED.—An
article described in this subclause
means an article described in sub-
heading 
6401.10.00, 
6401.91.00,
6401.92.90, 
6401.99.30, 
6401.99.60,
6401.99.90, 
6402.30.50, 
6402.30.70,
6402.30.80, 
6402.91.50, 
6402.91.80,
6402.91.90, 
6402.99.20, 
6402.99.30,
6402.99.80, 
6402.99.90, 
6403.91.60,
6404.11.50, 
6404.11.60, 
6404.11.70,
6404.11.80, 
6404.11.90, 
6404.19.20,
6404.19.35, 6404.19.50, or 6404.19.70
of the HTS.
‘‘(B) RELATIONSHIP
TO
SUBSECTION
(C)
DUTY REDUCTIONS.—If at any time during the
transition period the rate of duty that would
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(but for action taken under subparagraph (A)(i)
in regard to such period) apply with respect to
any article under subsection (c) 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 purposes of implementing such
action.
‘‘(C) SPECIAL RULE FOR SUGARS, SYRUPS,
AND SUGAR CONTAINING PRODUCTS.—Duty-free
treatment under this Act shall not be extended to
sugars, syrups, and sugar-containing products
subject to over-quota duty rates under applicable
tariff-rate quotas.
‘‘(D) SPECIAL
RULE
FOR
CERTAIN
TUNA
PRODUCTS.—
‘‘(i) IN GENERAL.—The President may
proclaim duty-free treatment under this Act
for tuna that is harvested by United States
vessels or ATPEA beneficiary country ves-
sels, and is prepared or preserved in any
manner, in airtight containers in an
ATPEA beneficiary country. Such duty-free
treatment may be proclaimed in any cal-
endar year for a quantity of such tuna that
does not exceed 20 percent of the domestic
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United States tuna pack in the preceding
calendar year. As used in the preceding sen-
tence, the term ‘tuna pack’ means tuna pack
as defined by the National Marine Fisheries
Service of the United States Department of
Commerce 
for 
purposes 
of 
subheading
1604.14.20 of the HTS as in effect on the
date of enactment of the Andean Trade
Preference Expansion Act.
‘‘(ii) UNITED
STATES
VESSEL.—For
purposes of this subparagraph, a ‘United
States vessel’ is a vessel having a certificate
of documentation with a fishery endorse-
ment under chapter 121 of title 46, United
States Code.
‘‘(iii) ATPEA VESSEL.—For purposes
of this subparagraph, an ‘ATPEA vessel’ is
a vessel—
‘‘(I) which is registered or re-
corded in an ATPEA beneficiary coun-
try;
‘‘(II) which sails under the flag of
an ATPEA beneficiary country;
‘‘(III) which is at least 75 percent
owned by nationals of an ATPEA ben-
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eficiary country or by a company hav-
ing its principal place of business in
an ATPEA beneficiary country, of
which the manager or managers, chair-
man of the board of directors or of the
supervisory board, and the majority of
the members of such boards are nation-
als of an ATPEA beneficiary country
and of which, in the case of a com-
pany, at least 50 percent of the capital
is owned by an ATPEA beneficiary
country or by public bodies or nation-
als of an ATPEA beneficiary country;
‘‘(IV) of which the master and of-
ficers are nationals of an ATPEA ben-
eficiary country; and
‘‘(V) of which at least 75 percent
of the crew are nationals of an ATPEA
beneficiary country.
‘‘(4) CUSTOMS PROCEDURES.—
‘‘(A) IN GENERAL.—
‘‘(i) 
REGULATIONS.—Any 
importer
that claims preferential treatment under
paragraph (2) or (3) shall comply with cus-
toms procedures similar in all material re-
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spects to the requirements of Article 502(1)
of the NAFTA as implemented pursuant to
United States law, in accordance with regu-
lations 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 sub-
clause (II)—
‘‘(aa) has implemented and
follows; or
‘‘(bb) is making substantial
progress 
toward 
implementing
and following, procedures and re-
quirements similar in all material
respects to the relevant procedures
and requirements under chapter 5
of the NAFTA.
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‘‘(II) COUNTRY
DESCRIBED.—A
country is described in this subclause if
it is an ATPEA beneficiary country—
‘‘(aa) from which the article
is exported; or
‘‘(bb) in which materials
used in the production of the arti-
cle originate or in which the arti-
cle or such materials undergo pro-
duction that contributes to a
claim that the article is eligible
for preferential treatment under
paragraph (2) or (3).
‘‘(B) CERTIFICATE OF ORIGIN.—The Certifi-
cate of Origin that otherwise would be required
pursuant to the provisions of subparagraph (A)
shall not be required in the case of an article im-
ported under paragraph (2) or (3) if such Cer-
tificate of Origin would not be required under
Article 503 of the NAFTA (as implemented pur-
suant to United States law), if the article were
imported from Mexico.
‘‘(C) REPORT BY USTR ON COOPERATION OF
OTHER
COUNTRIES
CONCERNING
CIRCUMVEN-
TION.—The United States Commissioner of Cus-
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toms shall conduct a study analyzing the extent
to which each ATPEA beneficiary country—
‘‘(i) has cooperated fully with the
United States, consistent with its domestic
laws and procedures, in instances of cir-
cumvention or alleged circumvention of ex-
isting quotas on imports of textile and ap-
parel goods, to establish necessary relevant
facts in the places of import, export, and,
where applicable, transshipment, including
investigation of circumvention practices, ex-
changes of documents, correspondence, re-
ports, and other relevant information, to the
extent such information is available;
‘‘(ii) has taken appropriate measures,
consistent with its domestic laws and proce-
dures, against exporters and importers in-
volved in instances of false declaration con-
cerning fiber content, quantities, descrip-
tion, classification, or origin of textile and
apparel goods; and
‘‘(iii) has penalized the individuals
and entities involved in any such cir-
cumvention, consistent with its domestic
laws and procedures, and has worked closely
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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 Con-
gress, not later than October 1, 2002, 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) ATPEA BENEFICIARY COUNTRY.—The
term ‘ATPEA beneficiary country’ means any
‘beneficiary country’, as defined in section
203(a)(1) of this title, which the President des-
ignates as an ATPEA beneficiary country, tak-
ing into account the criteria contained in sub-
sections (c) and (d) of section 203 and other ap-
propriate criteria, including the following:
‘‘(i) Whether the beneficiary country
has demonstrated a commitment to—
‘‘(I) 
undertake 
its 
obligations
under the WTO, including those agree-
ments listed in section 101(d) of the
Uruguay Round Agreements Act, on or
ahead of schedule; and
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‘‘(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 Prop-
erty 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 collectively;
‘‘(III) a prohibition on the use of
any form of forced or compulsory
labor;
‘‘(IV) a minimum age for the em-
ployment of children; and
‘‘(V) acceptable conditions of work
with respect to minimum wages, hours
of work, and occupational safety and
health.
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‘‘(iv) Whether the country has imple-
mented its commitments to eliminate the
worst forms of child labor, as defined in sec-
tion 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 section 490 of the For-
eign Assistance Act of 1961 (22 U.S.C.
2291j) for eligibility for United States as-
sistance.
‘‘(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, non-
discriminatory, and competitive proce-
dures 
in 
government 
procurement
equivalent to those contained in the
Agreement on Government Procure-
ment described in section 101(d)(17) of
the Uruguay Round Agreements Act;
and
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‘‘(II) contributes to efforts in
international fora to develop and im-
plement international rules in trans-
parency in government procurement.
‘‘(viii) The extent to which the country
has taken steps to support the efforts of the
United States to combat terrorism.
‘‘(C) ATPEA ORIGINATING GOOD.—
‘‘(i) IN GENERAL.—The term ‘ATPEA
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 re-
spect to an ATPEA beneficiary country for
purposes of this subsection—
‘‘(I) no country other than the
United States and an ATPEA bene-
ficiary country may be treated as
being a party to the NAFTA;
‘‘(II) any reference to trade be-
tween the United States and Mexico
shall be deemed to refer to trade be-
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tween the United States and an
ATPEA beneficiary country;
‘‘(III) any reference to a party
shall be deemed to refer to an ATPEA
beneficiary country or the United
States; and
‘‘(IV) any reference to parties
shall be deemed to refer to any com-
bination of ATPEA beneficiary coun-
tries or to the United States and one
or more ATPEA beneficiary countries
(or any combination thereof ).
‘‘(D) TRANSITION PERIOD.—The term ‘tran-
sition period’ means, with respect to an ATPEA
beneficiary country, the period that begins on the
date of enactment, and ends on the earlier of—
‘‘(i) February 28, 2006; or
‘‘(ii) the date on which the FTAA or
another free trade agreement that makes
substantial progress in achieving the negoti-
ating 
objectives 
set 
forth 
in 
section
108(b)(5) of Public Law 103–182 (19
U.S.C. 3317(b)(5)) enters into force with re-
spect to the United States and the ATPEA
beneficiary country.
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‘‘(E) ATPEA.—The term ‘ATPEA’ means
the Andean Trade Preference Expansion Act.
‘‘(F) FTAA.—The term ‘FTAA’ means the
Free Trade Area of the Americas.’’.
(b) DETERMINATION REGARDING RETENTION OF DES-
IGNATION.—Section 203(e) of the Andean Trade Preference
Act (19 U.S.C. 3202(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
paragraph (2) have been met—
‘‘(i) withdraw or suspend the designation of any
country as an ATPEA beneficiary country; or
‘‘(ii) withdraw, suspend, or limit the application
of preferential treatment under section 204(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 204(b)(5)(B).’’; and
(2) by adding after paragraph (2) the following
new paragraph:
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‘‘(3) If preferential treatment under section 204(b) (2)
and (3) is withdrawn, suspended, or limited with respect
to an ATPEA beneficiary country, such country shall not
be deemed to be a ‘party’ for the purposes of applying sec-
tion 204(b)(5)(C) to imports of articles for which pref-
erential treatment has been withdrawn, suspended, or lim-
ited with respect to such country.’’.
(c) REPORTING REQUIREMENTS.—Section 203(f ) of
the Andean Trade Preference Act (19 U.S.C. 3202(f )) is
amended to read as follows:
‘‘(f ) REPORTING REQUIREMENTS.—
‘‘(1) IN GENERAL.—Not later than December 31,
2002, and every 2 years thereafter during the period
this title is in effect, the United States Trade Rep-
resentative shall submit to Congress a report regard-
ing the operation of this title, including—
‘‘(A) with respect to subsections (c) and (d),
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 ATPEA beneficiary country, as the
case may be, under the criteria set forth in sec-
tion 204(b)(5)(B).
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‘‘(2) PUBLIC COMMENT.—Before submitting the
report described in paragraph (1), the United States
Trade Representative shall publish a notice in the
Federal Register requesting public comments on
whether beneficiary countries are meeting the criteria
listed in section 204(b)(5)(B).’’.
(d) CONFORMING AMENDMENTS.—
(1) IN GENERAL.—
(A) Section 202 of the Andean Trade Pref-
erence Act (19 U.S.C. 3201) is amended by in-
serting ‘‘(or other preferential treatment)’’ after
‘‘treatment’’.
(B) Section 204(a)(1) of the Andean Trade
Preference Act (19 U.S.C. 3203(a)(1)) is amend-
ed by inserting ‘‘(or otherwise provided for)’’
after ‘‘eligibility’’.
(C) Section 204(a)(1) of the Andean Trade
Preference Act (19 U.S.C. 3203(a)(1)) is amend-
ed by inserting ‘‘(or preferential treatment)’’
after ‘‘duty-free treatment’’.
(2) DEFINITIONS.—Section 203(a) of the Andean
Trade Preference Act (19 U.S.C. 3202(a)) is amended
by adding at the end the following new paragraphs:
‘‘(4) The term ‘‘NAFTA’’ means the North Amer-
ican Free Trade Agreement entered into between the
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United States, Mexico, and Canada on December 17,
1992.
‘‘(5) 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).’’.
(e) PETITIONS FOR REVIEW.—
(1) IN GENERAL.—Not later than 120 days after
the date of enactment of this Act, the President shall
promulgate regulations regarding the review of eligi-
bility of articles and countries under the Andean
Trade Preference Act, consistent with section 203(e) of
such Act, as amended by this title.
(2) CONTENT OF REGULATIONS.—The regulations
shall be similar to the regulations regarding eligi-
bility under the Generalized System of Preferences
with respect to the timetable for reviews and content,
and shall include procedures for requesting with-
drawal, suspension, or limitations of preferential
duty treatment under the Act, conducting reviews of
such requests, and implementing the results of the re-
views.
SEC. 3103. TERMINATION.
(a) IN GENERAL.—Section 208(b) of the Andean Trade
Preference Act (19 U.S.C. 3206(b)) is amended to read as
follows:
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‘‘(b) TERMINATION OF PREFERENTIAL TREATMENT.—
No preferential duty treatment extended to beneficiary
countries under this Act shall remain in effect after Feb-
ruary 28, 2006.’’.
(b) RETROACTIVE APPLICATION FOR CERTAIN LIQ-
UIDATIONS AND RELIQUIDATIONS.—
(1) IN GENERAL.—Notwithstanding section 514
of the Tariff Act of 1930 or any other provision of
law, and subject to paragraph (3), the entry—
(A) of any article to which duty-free treat-
ment (or preferential treatment) under the Ande-
an Trade Preference Act (19 U.S.C. 3201 et seq.)
would have applied if the entry had been made
on December 4, 2001,
(B) that was made after December 4, 2001,
and before the date of the enactment of this Act,
and
(C) to which duty-free treatment (or pref-
erential treatment) under the Andean Trade
Preference Act did not apply,
shall be liquidated or reliquidated as if such duty-free
treatment (or preferential treatment) applied, and the
Secretary of the Treasury shall refund any duty paid
with respect to such entry.
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(2) ENTRY.—As used in this subsection, the term
‘‘entry’’ includes a withdrawal from warehouse for
consumption.
(3) REQUESTS.—Liquidation or reliquidation
may be made under paragraph (1) with respect to an
entry only if a request therefor is filed with the Cus-
toms Service, within 180 days after the date of the en-
actment of this Act, that contains sufficient informa-
tion to enable the Customs Service—
(A) to locate the entry; or
(B) to reconstruct the entry if it cannot be
located.
TITLE XXXII—MISCELLANEOUS
TRADE BENEFITS
SEC. 3201. WOOL PROVISIONS.
(a) SHORT TITLE.—This section may be cited as the
‘‘Wool Manufacturer Payment Clarification and Technical
Corrections Act’’.
(b) CLARIFICATION OF TEMPORARY DUTY SUSPEN-
SION.—Heading 9902.51.13 of the Harmonized Tariff
Schedule of the United States is amended by inserting ‘‘av-
erage’’ before ‘‘diameters’’.
(c) PAYMENTS
TO MANUFACTURERS
OF CERTAIN
WOOL PRODUCTS.—
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(1) PAYMENTS.—Section 505 of the Trade and
Development Act of 2000 (Public Law 106–200; 114
Stat. 303) is amended as follows:
(A) Subsection (a) is amended—
(i) by striking ‘‘In each of the calendar
years’’ and inserting ‘‘For each of the cal-
endar years’’; and
(ii) by striking ‘‘for a refund of duties’’
and all that follows through the end of the
subsection and inserting ‘‘for a payment
equal to an amount determined pursuant to
subsection (d)(1).’’.
(B) Subsection (b) is amended to read as
follows:
‘‘(b) WOOL YARN.—
‘‘(1) IMPORTING MANUFACTURERS.—For each of
the calendar years 2000, 2001, and 2002, a manufac-
turer of worsted wool fabrics who imports wool yarn
of the kind described in heading 9902.51.13 of the
Harmonized Tariff Schedule of the United States
shall be eligible for a payment equal to an amount
determined pursuant to subsection (d)(2).
‘‘(2) 
NONIMPORTING
MANUFACTURERS.—For
each of the calendar years 2001 and 2002, any other
manufacturer of worsted wool fabrics of imported
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wool yarn of the kind described in heading 9902.51.13
of the Harmonized Tariff Schedule of the United
States shall be eligible for a payment equal to an
amount determined pursuant to subsection (d)(2).’’.
(C) Subsection (c) is amended to read as
follows:
‘‘(c) WOOL FIBER AND WOOL TOP.—
‘‘(1) IMPORTING MANUFACTURERS.—For each of
the calendar years 2000, 2001, and 2002, a manufac-
turer of wool yarn or wool fabric who imports wool
fiber or wool top of the kind described in heading
9902.51.14 of the Harmonized Tariff Schedule of the
United States shall be eligible for a payment equal to
an amount determined pursuant to subsection (d)(3).
‘‘(2) 
NONIMPORTING
MANUFACTURERS.—For
each of the calendar years 2001 and 2002, any other
manufacturer of wool yarn or wool fabric of imported
wool fiber or wool top of the kind described in head-
ing 9902.51.14 of the Harmonized Tariff Schedule of
the United States shall be eligible for a payment
equal to an amount determined pursuant to sub-
section (d)(3).’’.
(D) Section 505 is further amended by
striking subsection (d) and inserting the fol-
lowing new subsections:
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‘‘(d) AMOUNT OF ANNUAL PAYMENTS TO MANUFAC-
TURERS.—
‘‘(1) MANUFACTURERS OF MEN’S SUITS, ETC. OF
IMPORTED WORSTED WOOL FABRICS.—
‘‘(A) ELIGIBLE
TO
RECEIVE
MORE
THAN
$5,000.—Each annual payment to manufacturers
described in subsection (a) who, according to the
records of the Customs Service as of September
11, 2001, are eligible to receive more than $5,000
for each of the calendar years 2000, 2001, and
2002, shall be in an amount equal to one-third
of the amount determined by multiplying
$30,124,000 by a fraction—
‘‘(i) the numerator of which is the
amount attributable to the duties paid on
eligible wool products imported in calendar
year 1999 by the manufacturer making the
claim, and
‘‘(ii) the denominator of which is the
total amount attributable to the duties paid
on eligible wool products imported in cal-
endar year 1999 by all the manufacturers
described in subsection (a) who, according
to the records of the Customs Service as of
September 11, 2001, are eligible to receive
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more than $5,000 for each such calendar
year under this section as it was in effect
on that date.
‘‘(B) ELIGIBLE WOOL PRODUCTS.—For pur-
poses of subparagraph (A), the term ‘eligible
wool products’ refers to imported worsted wool
fabrics described in subsection (a).
‘‘(C) OTHERS.—All manufacturers described
in subsection (a), other than the manufacturers
to which subparagraph (A) applies, shall each
receive an annual payment in an amount equal
to one-third of the amount determined by divid-
ing $1,665,000 by the number of all such other
manufacturers.
‘‘(2) MANUFACTURERS OF WORSTED WOOL FAB-
RICS OF IMPORTED WOOL YARN.—
‘‘(A) IMPORTING
MANUFACTURERS.—Each
annual payment to an importing manufacturer
described in subsection (b)(1) shall be in an
amount equal to one-third of the amount deter-
mined 
by 
multiplying 
$2,202,000 
by 
a
fraction—
‘‘(i) the numerator of which is the
amount attributable to the duties paid on
eligible wool products imported in calendar
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year 1999 by the importing manufacturer
making the claim, and
‘‘(ii) the denominator of which is the
total amount attributable to the duties paid
on eligible wool products imported in cal-
endar year 1999 by all the importing man-
ufacturers described in subsection (b)(1).
‘‘(B) ELIGIBLE WOOL PRODUCTS.—For pur-
poses of subparagraph (A), the term ‘eligible
wool products’ refers to imported wool yarn de-
scribed in subsection (b)(1).
‘‘(C) NONIMPORTING
MANUFACTURERS.—
Each annual payment to a nonimporting manu-
facturer described in subsection (b)(2) shall be in
an amount equal to one-half of the amount deter-
mined by multiplying $141,000 by a fraction—
‘‘(i) the numerator of which is the
amount attributable to the purchases of im-
ported eligible wool products in calendar
year 1999 by the nonimporting manufac-
turer making the claim, and
‘‘(ii) the denominator of which is the
total amount attributable to the purchases
of imported eligible wool products in cal-
endar year 1999 by all the nonimporting
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manufacturers 
described 
in 
subsection
(b)(2).
‘‘(3) MANUFACTURERS OF WOOL YARN OR WOOL
FABRIC OF IMPORTED WOOL FIBER OR WOOL TOP.—
‘‘(A) IMPORTING
MANUFACTURERS.—Each
annual payment to an importing manufacturer
described in subsection (c)(1) shall be in an
amount equal to one-third of the amount deter-
mined 
by 
multiplying 
$1,522,000 
by 
a
fraction—
‘‘(i) the numerator of which is the
amount attributable to the duties paid on
eligible wool products imported in calendar
year 1999 by the importing manufacturer
making the claim, and
‘‘(ii) the denominator of which is the
total amount attributable to the duties paid
on eligible wool products imported in cal-
endar year 1999 by all the importing man-
ufacturers described in subsection (c)(1).
‘‘(B) ELIGIBLE WOOL PRODUCTS.—For pur-
poses of subparagraph (A), the term ‘eligible
wool products’ refers to imported wool fiber or
wool top described in subsection (c)(1).
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‘‘(C) NONIMPORTING
MANUFACTURERS.—
Each annual payment to a nonimporting manu-
facturer described in subsection (c)(2) shall be in
an amount equal to one-half of the amount deter-
mined by multiplying $597,000 by a fraction—
‘‘(i) the numerator of which is the
amount attributable to the purchases of im-
ported eligible wool products in calendar
year 1999 by the nonimporting manufac-
turer making the claim, and
‘‘(ii) the denominator of which is the
amount attributable to the purchases of im-
ported eligible wool products in calendar
year 1999 by all the nonimporting manu-
facturers described in subsection (c)(2).
‘‘(4) LETTERS OF INTENT.—Except for the non-
importing manufacturers described in subsections
(b)(2) and (c)(2) who may make claims under this
section by virtue of the enactment of the Wool Manu-
facturer Payment Clarification and Technical Correc-
tions Act, only manufacturers who, according to the
records of the Customs Service, filed with the Customs
Service before September 11, 2001, letters of intent to
establish eligibility to be claimants are eligible to
make a claim for a payment under this section.
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‘‘(5) AMOUNT ATTRIBUTABLE TO PURCHASES BY
NONIMPORTING MANUFACTURERS.—
‘‘(A) AMOUNT
ATTRIBUTABLE.—For pur-
poses of paragraphs (2)(C) and (3)(C), the
amount attributable to the purchases of imported
eligible wool products in calendar year 1999 by
a nonimporting manufacturer shall be the
amount the nonimporting manufacturer paid for
eligible wool products in calendar year 1999, as
evidenced by invoices. The nonimporting manu-
facturer shall make such calculation and submit
the resulting amount to the Customs Service,
within 45 days after the date of enactment of the
Wool Manufacturer Payment Clarification and
Technical Corrections Act, in a signed affidavit
that attests that the information contained there-
in is true and accurate to the best of the affiant’s
belief and knowledge. The nonimporting manu-
facturer shall retain the records upon which the
calculation is based for a period of five years be-
ginning on the date the affidavit is submitted to
the Customs Service.
‘‘(B) ELIGIBLE WOOL PRODUCT.—For pur-
poses of subparagraph (A)—
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‘‘(i) the eligible wool product for non-
importing manufacturers of worsted wool
fabrics is wool yarn of the kind described in
heading 9902.51.13 of the Harmonized Tar-
iff Schedule of the United States purchased
in calendar year 1999; and
‘‘(ii) the eligible wool products for non-
importing manufacturers of wool yarn or
wool fabric are wool fiber or wool top of the
kind described in heading 9902.51.14 of
such Schedule purchased in calendar year
1999.
‘‘(6) AMOUNT ATTRIBUTABLE TO DUTIES PAID.—
For purposes of paragraphs (1), (2)(A), and (3)(A),
the amount attributable to the duties paid by a man-
ufacturer shall be the amount shown on the records of
the Customs Service as of September 11, 2001, under
this section as then in effect.
‘‘(7) SCHEDULE
OF
PAYMENTS; 
REALLOCA-
TIONS.—
‘‘(A) SCHEDULE.—Of the payments de-
scribed in paragraphs (1), (2)(A), and (3)(A),
the Customs Service shall make the first and sec-
ond installments on or before the date that is 45
days after the date of enactment of the Wool
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Manufacturer Payment Clarification and Tech-
nical Corrections Act, and the third installment
on or before April 15, 2003. Of the payments de-
scribed in paragraphs (2)(C) and (3)(C), the
Customs Service shall make the first installment
on or before the date that is 45 days after the
date of enactment of the Wool Manufacturer
Payment Clarification and Technical Correc-
tions Act, and the second installment on or be-
fore April 15, 2003.
‘‘(B) REALLOCATIONS.—In the event that a
manufacturer that would have received payment
under subparagraph (A) or (C) of paragraph
(1), (2), or (3) ceases to be qualified for such
payment as such a manufacturer, the amounts
otherwise payable to the remaining manufactur-
ers under such subparagraph shall be increased
on a pro rata basis by the amount of the pay-
ment such manufacturer would have received.
‘‘(8) REFERENCE.—For purposes of paragraphs
(1)(A) and (6), the ‘records of the Customs Service as
of September 11, 2001’ are the records of the Wool
Duty Unit of the Customs Service on September 11,
2001, as adjusted by the Customs Service to the extent
necessary to carry out this section. The amounts so
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(2) FUNDING.—There is authorized to be appro-
priated and is appropriated, out of amounts in the
General Fund of the Treasury not otherwise appro-
priated, $36,251,000 to carry out the amendments
made by paragraph (1).
SEC. 3202. DUTY SUSPENSION ON WOOL.
(a) EXTENSION OF TEMPORARY DUTY REDUCTIONS.—
(1) HEADING 9902.51.11.— Heading 9902.51.11 of
the Harmonized Tariff Schedule of the United States
is amended by striking ‘‘2003’’ and inserting ‘‘2005’’.
(2) HEADING 9902.51.12.— Heading 9902.51.12 of
the Harmonized Tariff Schedule of the United States
is amended—
(A) by striking ‘‘2003’’ and inserting
‘‘2005’’; and
(B) by striking ‘‘6%’’ and inserting ‘‘Free’’.
(3) HEADING 9902.51.13.—Heading 9902.51.13 of
the Harmonized Tariff Schedule of the United States
is amended by striking ‘‘2003’’ and inserting ‘‘2005’’.
(4) HEADING 9902.51.14.—Heading 9902.51.14 of
the Harmonized Tariff Schedule of the United States
is amended by striking ‘‘2003’’ and inserting ‘‘2005’’.
(b) LIMITATION ON QUANTITY OF IMPORTS.—
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(1) NOTE 15.—U.S. Note 15 to subchapter II of
chapter 99 of the Harmonized Tariff Schedule of the
United States is amended—
(A) by striking ‘‘from January 1 to Decem-
ber 31 of each year, inclusive’’; and
(B) by striking ‘‘, or such other’’ and insert-
ing the following: ‘‘in calendar year 2001,
3,500,000 square meter equivalents in calendar
year 2002, and 4,500,000 square meter equiva-
lents in calendar year 2003 and each calendar
year thereafter, or such greater’’.
(2) NOTE 16.—U.S. Note 16 to subchapter II of
chapter 99 of the Harmonized Tariff Schedule of the
United States is amended—
(A) by striking ‘‘from January 1 to Decem-
ber 31 of each year, inclusive’’; and
(B) by striking ‘‘, or such other’’ and insert-
ing the following: ‘‘in calendar year 2001,
2,500,000 square meter equivalents in calendar
year 2002, and 3,500,000 square meter equiva-
lents in calendar year 2003 and each calendar
year thereafter, or such greater’’.
(c) EXTENSION OF DUTY REFUNDS AND WOOL RE-
SEARCH TRUST FUND.—
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(1) IN GENERAL.—The United States Customs
Service shall pay each manufacturer that receives a
payment under section 505 of the Trade and Develop-
ment Act of 2000 (Public Law 106–200) for calendar
year 2002, and that provides an affidavit that it re-
mains a manufacturer in the United States as of
January 1 of the year of the payment, 2 additional
payments, each payment equal to the payment re-
ceived for calendar year 2002 as follows:
(A) The first payment to be made after
January 1, 2004, but on or before April 15,
2004.
(B) The second payment to be made after
January 1, 2005, but on or before April 15,
2005.
(2) CONFORMING
AMENDMENT.—Section 506(f)
of the Trade and Development Act of 2000 (Public
Law 106–200) is amended by striking ‘‘2004’’ and
inserting ‘‘2006’’.
(3) AUTHORIZATION.—There is authorized to be
appropriated and is appropriated out of amounts in
the general fund of the Treasury not otherwise appro-
priated such sums as are necessary to carry out the
provisions of this subsection.
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(d) EFFECTIVE DATE.—The amendment made by sub-
section (a)(2)(B) applies to goods entered, or withdrawn
from warehouse for consumption, on or after January 1,
2002.
SEC. 3203. CEILING FANS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, ceiling fans classified under subheading
8414.51.00 of the Harmonized Tariff Schedule of the United
States imported from Thailand shall enter duty-free and
without any quantitative limitations, if duty-free treatment
under title V of the Trade Act of 1974 (19 U.S.C. 2461
et seq.) would have applied to such entry had the competi-
tive need limitation been waived under section 503(d) of
such Act.
(b) APPLICABILITY.—The provisions of this section
shall apply to ceiling fans described in subsection (a) that
are 
entered, 
or 
withdrawn 
from 
warehouse 
for
consumption—
(1) on or after the date that is 15 days after the
date of enactment of this Act; and
(2) before July 30, 2002.
SEC. 3204. CERTAIN STEAM OR OTHER VAPOR GENERATING
BOILERS USED IN NUCLEAR FACILITIES.
(a) IN GENERAL.—Subheading 9902.84.02 of the Har-
monized Tariff Schedule of the United States is amended—
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(1) by striking ‘‘4.9%’’ and inserting ‘‘Free’’;
and
(2) by striking ‘‘12/31/2003’’ and inserting ‘‘12/
31/2006’’.
(b) EFFECTIVE DATE.—
(1) IN
GENERAL.—The amendments made by
subsection (a) shall apply to goods entered, or with-
drawn from warehouse for consumption, on or after
January 1, 2002.
(2) 
RETROACTIVE
APPLICATION.—Notwith-
standing section 514 of the Tariff Act of 1930 or any
other provision of law, and subject to paragraph (4),
the entry of any article—
(A) that was made on or after January 1,
2002, and
(B) to which duty-free treatment would
have applied if the amendment made by this sec-
tion had been in effect on the date of such entry,
shall be liquidated or reliquidated as if such duty-free
treatment applied, and the Secretary of the Treasury
shall refund any duty paid with respect to such entry.
(3) ENTRY.—As used in this subsection, the term
‘‘entry’’ includes a withdrawal from warehouse for
consumption.
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(4) REQUESTS.—Liquidation or reliquidation
may be made under paragraph (2) with respect to an
entry only if a request therefor is filed with the Cus-
toms Service, within 180 days after the date of the en-
actment of this Act, that contains sufficient informa-
tion to enable the Customs Service—
(A) to locate the entry; or
(B) to reconstruct the entry if it cannot be
located.
DIVISION 
D—EXTENSION 
OF
CERTAIN 
PREFERENTIAL
TRADE 
TREATMENT 
AND
OTHER PROVISIONS
TITLE XLI—EXTENSION OF GEN-
ERALIZED SYSTEM OF PREF-
ERENCES
SEC. 4101. GENERALIZED SYSTEM OF PREFERENCES.
(a) EXTENSION OF DUTY-FREE TREATMENT UNDER
SYSTEM.—Section 505 of the Trade Act of 1974 (19 U.S.C.
2465) is amended by striking ‘‘September 30, 2001’’ and
inserting ‘‘December 31, 2006’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of enactment of this
Act.
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(c) RETROACTIVE APPLICATION FOR CERTAIN LIQ-
UIDATIONS AND RELIQUIDATIONS.—
(1) IN GENERAL.—
(A) ENTRY
OF
CERTAIN
ARTICLES.—Not-
withstanding section 514 of the Tariff Act of
1930 or any other provision of law, and subject
to paragraph (2), the entry—
(i) of any article to which duty-free
treatment under title V of the Trade Act of
1974 would have applied if the entry had
been made on September 30, 2001;
(ii) that was made after September 30,
2001, and before the date of enactment of
this Act; and
(iii) to which duty-free treatment
under title V of that Act did not apply,
shall be liquidated or reliquidated as free of
duty, and the Secretary of the Treasury shall re-
fund any duty paid with respect to such entry.
(B) ENTRY.—In this subsection, the term
‘‘entry’’ includes a withdrawal from warehouse
for consumption.
(2) REQUESTS.—Liquidation or reliquidation
may be made under paragraph (1) with respect to an
entry only if a request therefor is filed with the Cus-
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toms Service, within 180 days after the date of enact-
ment of this Act, that contains sufficient information
to enable the Customs Service—
(A) to locate the entry; or
(B) to reconstruct the entry if it cannot be
located.
SEC. 4102. AMENDMENTS TO GENERALIZED SYSTEM OF
PREFERENCES.
(a) ELIGIBILITY FOR GENERALIZED SYSTEM OF PREF-
ERENCES.—Section 502(b)(2)(F) of the Trade Act of 1974
(19 U.S.C. 2462(b)(2)(F)) is amended by striking the pe-
riod at the end and inserting ‘‘or such country has not
taken steps to support the efforts of the United States to
combat terrorism.’’.
(b) DEFINITION OF INTERNATIONALLY RECOGNIZED
WORKER RIGHTS.—Section 507(4) of the Trade Act of 1974
(19 U.S.C. 2467(4)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (D);
(2) by striking the period at the end of subpara-
graph (E) and inserting ‘‘; and’’;
(3) by adding at the end the following new sub-
paragraph:
‘‘(F) a prohibition on discrimination with
respect to employment and occupation.’’; and
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(4) by amending subparagraph (D) to read as
follows:
‘‘(D) a minimum age for the employment of
children, and a prohibition on the worst forms of
child labor, as defined in paragraph (6);’’.
TITLE XLII—OTHER PROVISIONS
SEC. 4201. TRANSPARENCY IN NAFTA TRIBUNALS.
(a) FINDINGS.—Congress makes the following findings:
(1) Chapter Eleven of the North American Free
Trade Agreement (NAFTA) allows foreign investors to
file claims against signatory countries that directly or
indirectly nationalize or expropriate an investment,
or take measures ‘‘tantamount to nationalization or
expropriation’’ of such an investment.
(2) Foreign investors have filed several claims
against the United States, arguing that regulatory ac-
tivity has been ‘‘tantamount to nationalization or ex-
propriation’’. Most notably, a Canadian chemical
company claimed $970,000,000 in damages allegedly
resulting from a California State regulation banning
the use of a gasoline additive produced by that com-
pany.
(3) A claim under Chapter Eleven of the NAFTA
is adjudicated by a three-member panel, whose delib-
erations are largely secret.
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(4) While it may be necessary to protect the con-
fidentiality of business sensitive information, the gen-
eral lack of transparency of these proceedings has been
excessive.
(b) PURPOSE.—The purpose of this amendment is to
ensure that the proceedings of the NAFTA investor protec-
tion tribunals are as transparent as possible, consistent
with the need to protect the confidentiality of business sen-
sitive information.
(c) CHAPTER 11 OF NAFTA.—The President shall ne-
gotiate with Canada and Mexico an amendment to Chapter
Eleven of the NAFTA to ensure the fullest transparency pos-
sible with respect to the dispute settlement mechanism in
that Chapter, consistent with the need to protect informa-
tion that is classified or confidential, by—
(1) ensuring that all requests for dispute settle-
ment under Chapter Eleven are promptly made pub-
lic;
(2) ensuring that with respect to Chapter
Eleven—
(A) all proceedings, submissions, findings,
and decisions are promptly made public; and
(B) all hearings are open to the public; and
(3) establishing a mechanism under that Chapter
for acceptance of amicus curiae submissions from
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businesses, unions, and nongovernmental organiza-
tions.
(d) CERTIFICATION
REQUIREMENTS.—Within one
year of the date of enactment of this Act, the U.S. Trade
Representative shall certify to Congress that the President
has fulfilled the requirements set forth in subsection (c).
SEC. 4202. EXPRESSION OF SOLIDARITY WITH ISRAEL IN
ITS FIGHT AGAINST TERRORISM.
(a) FINDINGS.—Congress makes the following findings:
(1) The United States and Israel are now en-
gaged in a common struggle against terrorism and
are on the frontlines of a conflict thrust upon them
against their will.
(2) President George W. Bush declared on No-
vember 21, 2001, ‘‘We fight the terrorists and we fight
all of those who give them aid. America has a message
for the nations of the world: If you harbor terrorists,
you are terrorists. If you train or arm a terrorist,
you are a terrorist. If you feed a terrorist or fund a
terrorist, you are a terrorist, and you will be held ac-
countable by the United States and our friends.’’.
(3) The United States has committed to provide
resources to states on the frontline in the war against
terrorism.
(b) SENSE OF CONGRESS.—The Congress—
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(1) stands in solidarity with Israel, a frontline
state in the war against terrorism, as it takes nec-
essary steps to provide security to its people by dis-
mantling the terrorist infrastructure in the Pales-
tinian areas;
(2) remains committed to Israel’s right to self-de-
fense;
(3) will continue to assist Israel in strengthening
its homeland defenses;
(4) condemns Palestinian suicide bombings;
(5) demands that the Palestinian Authority ful-
fill its commitment to dismantle the terrorist infra-
structure in the Palestinian areas;
(6) urges all Arab states, particularly the United
States allies, Egypt and Saudi Arabia, to declare
their unqualified opposition to all forms of terrorism,
particularly suicide bombing, and to act in concert
with the United States to stop the violence; and
(7) urges all parties in the region to pursue vig-
orously efforts to establish a just, lasting, and com-
prehensive peace in the Middle East.
SEC. 4203. LIMITATION ON USE OF CERTAIN REVENUE.
Notwithstanding any other provision of law, any rev-
enue generated from custom user fees imposed pursuant to
Section 13031(j)(3) of the Consolidated Omnibus Budget
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Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) may be
used only to fund the operations of the United States Cus-
toms Service.
SEC. 4204. SENSE OF THE SENATE REGARDING THE UNITED
STATES-RUSSIAN 
FEDERATION 
SUMMIT
MEETING, MAY 2002.
(a) FINDINGS.—The Senate finds that—
(1) President George W. Bush will visit the Rus-
sian Federation May 23-25, 2002, to meet with his
Russian counterpart, President Vladimir V. Putin;
(2) the President and President Putin, and the
United States and Russian governments, continue to
cooperate closely in the fight against international
terrorism;
(3) the President seeks Russian cooperation in
containing the war-making capabilities of Iraq, in-
cluding that country’s ongoing program to develop
and deploy weapons of mass destruction;
(4) during his visit, the President expects to sign
a treaty to significantly reduce deployed American
and Russian nuclear weapons by 2012;
(5) the President and his NATO partners have
further institutionalized United States-Russian secu-
rity cooperation through establishment of the NATO-
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Russia Council, which meets for the first time on May
28, 2002, in Rome, Italy;
(6) during his visit, the President will continue
to address religious freedom and human rights con-
cerns through open and candid discussions with
President Putin, with leading Russian activists, and
with representatives of Russia’s revitalized and di-
verse Jewish community; and
(7) recognizing Russia’s progress on religious
freedom and a broad range of other mechanisms to
address remaining concerns, the President has asked
the Congress to terminate application to Russian of
title IV of the Trade Act of 1974 (commonly known
as the ‘‘Jackson-Vanik Amendment’’) and authorize
the extension of normal trade relations to the products
of Russia.
(b) SENSE OF THE SENATE.—The Senate—
(1) supports the President’s efforts to deepen the
friendship between the American and Russian peo-
ples;
(2) further supports the policy objectives of the
President mentioned in this section with respect to
the Russian Federation;
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(3) supports terminating the application of title
IV of the Trade Act of 1974 to Russia in an appro-
priate and timely manner; and
(4) looks forward to learning the results of the
President’s discussions with President Putin and
other representatives of the Russian government and
Russian society.
SEC. 4205. NO APPROPRIATIONS.
Notwithstanding any other provision of this Act, no
direct appropriation may be made under this Act.
Attest:
Secretary.