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H.R.434
Trade and Development Act of 2000 (Enrolled Bill (Sent to
President))
SEC. 128. ASSISTANCE FROM UNITED STATES PRIVATE SECTOR TO PREVENT AND REDUCE
HIV/AIDS IN SUB-SAHARAN
AFRICA.
It is the sense of the Congress that United States businesses should be
encouraged to provide assistance to sub-Saharan African countries to prevent
and reduce the incidence of HIV/AIDS in sub-Saharan Africa. In
providing such assistance, United States businesses should be encouraged to
consider the establishment of an HIV/AIDS Response Fund in order to provide
for coordination among such businesses in the collection and distribution of
the assistance to sub-Saharan African countries.
SEC. 129. SENSE OF THE CONGRESS RELATING TO HIV/AIDS CRISIS IN SUB-SAHARAN AFRICA.
(a) FINDINGS- The Congress finds the following:
(1) Sustained economic development in sub-Saharan Africa depends in
large measure upon successful trade with and foreign assistance to the
countries of sub-Saharan Africa.
(2) The HIV/AIDS crisis
has reached epidemic proportions in sub-Saharan Africa, where more than
21,000,000 men, women, and children are infected with HIV.
(3) Eighty-three percent of the estimated 11,700,000 deaths from
HIV/AIDS worldwide have been
in sub-Saharan Africa.
(4) The HIV/AIDS crisis in
sub-Saharan Africa is weakening the structure of families and
societies.
(5)(A) The HIV/AIDS crisis
threatens the future of the workforce in sub-Saharan Africa.
(B) Studies show that HIV/AIDS in sub-Saharan Africa most
severely affects individuals between the ages of 15 and 49--the age group
that provides the most support for the economies of sub-Saharan African
countries.
(6) Clear evidence demonstrates that HIV/AIDS is destructive to the economies
of sub-Saharan African countries.
(7) Sustained economic development is critical to creating the public
and private sector resources in sub-Saharan Africa necessary to fight the
HIV/AIDS epidemic.
(b) SENSE OF THE CONGRESS- It is the sense of the Congress that--
(1) addressing the HIV/AIDS crisis in sub-Saharan Africa
should be a central component of United States foreign policy with respect
to sub-Saharan Africa;
(2) significant progress needs to be made in preventing and treating
HIV/AIDS in sub-Saharan Africa
in order to sustain a mutually beneficial trade relationship between the
United States and sub-Saharan African countries; and
(3) the HIV/AIDS crisis in
sub-Saharan Africa is a global threat that merits further attention through
greatly expanded public, private, and joint public-private efforts, and
through appropriate United States legislation.
SEC. 130. STUDY ON IMPROVING AFRICAN AGRICULTURAL PRACTICES.
(a) IN GENERAL- The Secretary of Agriculture, in consultation with
American Land Grant Colleges and Universities and not-for-profit international
organizations, is authorized to conduct a 2-year study on ways to improve the
flow of American farming techniques and practices to African farmers. The
study shall include an examination of ways of improving or utilizing--
(1) knowledge of insect and sanitation procedures;
(2) modern farming and soil conservation techniques;
(3) modern farming equipment (including maintaining the
equipment);
(4) marketing crop yields to prospective purchasers; and
(5) crop maximization practices.
The Secretary of Agriculture shall submit the study to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the Committee on
Agriculture of the House of Representatives not later than September 30,
2001.
(b) LAND GRANT COLLEGES AND NOT-FOR-PROFIT INSTITUTIONS- In conducting the
study under subsection (a), the Secretary of Agriculture is encouraged to
consult with American Land Grant Colleges and not-for-profit international
organizations that have firsthand knowledge of current African farming
practices.
SEC. 131. SENSE OF THE CONGRESS REGARDING EFFORTS TO COMBAT DESERTIFICATION
IN AFRICA AND OTHER COUNTRIES.
(a) FINDINGS- The Congress finds that--
(1) desertification affects approximately one-sixth of the world's
population and one-quarter of the total land area;
(2) over 1,000,000 hectares of Africa are affected by
desertification;
(3) dryland degradation is an underlying cause of recurrent famine in
Africa;
(4) the United Nations Environment Programme estimates that
desertification costs the world $42,000,000,000 a year, not including
incalculable costs in human suffering; and
(5) the United States can strengthen its partnerships throughout Africa
and other countries affected by desertification, help alleviate social and
economic crises caused by misuse of natural resources, and reduce dependence
on foreign aid, by taking a leading role to combat desertification.
(b) SENSE OF THE CONGRESS- It is the sense of the Congress that the United
States should expeditiously work with the international community,
particularly Africa and other countries affected by desertification, to--
(1) strengthen international cooperation to combat
desertification;
(2) promote the development of national and regional strategies to
address desertification and increase public awareness of this serious
problem and its effects;
(3) develop and implement national action programs that identify the
causes of desertification and measures to address it; and
(4) recognize the essential role of local governments and
nongovernmental organizations in developing and implementing measures to
address desertification.
TITLE II--TRADE BENEFITS FOR CARIBBEAN BASIN
Subtitle A--Trade Policy for Caribbean Basin Countries
SEC. 201. SHORT TITLE.
This title may be cited as the `United States-Caribbean Basin Trade
Partnership Act'.
SEC. 202. FINDINGS AND POLICY.
(a) FINDINGS- Congress makes the following findings:
(1) The Caribbean Basin Economic Recovery Act (in this title referred to
as `CBERA') represents a permanent commitment by the United States to
encourage the development of strong democratic governments and revitalized
economies in neighboring countries in the Caribbean Basin.
(2) In 1998, Hurricane Mitch and Hurricane Georges devastated areas in
the Caribbean Basin region, killing more than 10,000 people and leaving
3,000,000 homeless.
(3) The total direct impact of Hurricanes Mitch and Georges on Honduras,
Nicaragua, the Dominican Republic, El Salvador, and Guatemala amounts to
$4,200,000,000, representing a severe loss to income levels in this
underdeveloped region.
(4) In addition to short term disaster assistance, United States policy
toward the region should focus on expanding 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 countries will
preserve the United States commitment to Caribbean Basin beneficiary
countries, promote the growth of free enterprise 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 participation in such agreement not later
than 2005.
SEC. 203. DEFINITIONS.
(1) NAFTA- The term `NAFTA' means the North American 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--
`(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, bracelets, 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 articles 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 classifiable 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,
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 countries from fabric formed in one or more CBTPA
beneficiary 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 Congress should
determine, based on the record of expansion 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) 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 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 be eligible for preferential treatment 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
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 preceding 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 succeeding
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 QUANTITIES- (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 fabrics 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 Commission;
`(cc) within 60 days after the request, the President has
submitted a report 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 proposed to be proclaimed and the reasons for such
actions, and the advice obtained under division (bb);
`(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 competent
authority of such beneficiary country.
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