[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1233 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1233

  To improve monitoring of the domestic uses made of certain foreign 
         commodities after importation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 4, 1993

Mr. Peterson of Minnesota (for himself, Mr. Pomeroy, Mr. Williams, Mr. 
Rose, Ms. Long, Mr. Minge, Mr. Kopetski, Mr. LaRocco, Mr. Volkmer, Mr. 
  Condit, and Mr. Sarpalius) introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
  To improve monitoring of the domestic uses made of certain foreign 
         commodities after importation, and for other purposes.

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

SECTION 1. MONITORING OF DOMESTIC USES MADE OF CERTAIN FOREIGN 
              COMMODITIES AFTER IMPORTATION.

    (a) Definitions.--For purposes of this section:
            (1) Entry.--The term ``entry'' means the entry into, or the 
        withdrawal from warehouse for consumption in, the customs 
        territory of the United States.
            (2) Foreign commodity.--The term ``foreign commodity'' 
        means any of the following, if a product of any foreign country 
        or instrumentality:
                    (A) Wheat provided for in heading 1001 of the 
                Harmonized Tariff Schedule of the United States.
                    (B) Soybeans provided for in heading 1201.00.00 of 
                such Schedule.
                    (C) Barley provided for in heading 1003.00 of such 
                Schedule.
                    (D) Oats provided for in heading 1004.00.00 of such 
                Schedule.
                    (E) Corn provided for in heading 1005 of such 
                Schedule.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) Certification Requirements Regarding Foreign Commodities.--
            (1) End-use certificate.--An end-use certificate that meets 
        the requirements of subsection (c) shall be included in the 
        documentation covering the entry of any foreign commodity.
            (2) Quarterly reports.--A consignee of any imported foreign 
        commodity shall submit to the Secretary a quarterly report that 
        certifies--
                    (A) what quantity of the foreign commodity covered 
                by an end-use certificate was used by the consignee 
                during the quarter; and
                    (B) that the commodity referred to in paragraph (1) 
                was used by the consignee for the purpose stated in the 
                end-use certificate.
    (c) End-Use Certificate and Quarterly Report Content.--The end-use 
certificates and quarterly reports required under subsection (b) shall 
be in such form, and require such information, as the Secretary 
considers necessary or appropriate to carry out the purposes of this 
section, including--
            (1) in the case of the end-use certificate--
                    (A) the name and address of the importer of record 
                of the foreign commodity;
                    (B) the name and address of the consignee of the 
                commodity;
                    (C) the identification of the country of origin of 
                the commodity;
                    (D) a description by class and quantity of the 
                commodity covered by the certificate;
                    (E) the sales price of the commodity in the country 
                of origin, if the Secretary considers such datum 
                necessary to facilitate the enforcement of the trade 
                laws and international agreements of the United States;
                    (F) specification of the purpose for which the 
                consignee will use the commodity; and
                    (G) the identification of the transporter of the 
                commodity from the port of entry to the processing 
                facility of the consignee; and
            (2) in the case of the quarterly report--
                    (A) the information referred to in subparagraphs 
                (A) and (B) of paragraph (1);
                    (B) the identification of the end-use certificates 
                currently held by the consignee;
                    (C) a statement of the quantity of the foreign 
                commodity covered by each of the end-use certificates 
                identified under subparagraph (B) that was used during 
                the quarter; and
                    (D) a statement of the use made during the quarter 
                by the consignee of each quantity referred to in 
                subparagraph (C).
    (d) Regulations.--The Secretary shall prescribe such requirements 
regarding the preparation and submission of the quarterly reports 
required under subsection (b)(2) as may be necessary or appropriate to 
carry out the purposes of this section.
    (e) Penalties.--
            (1) Customs penalties.--End-use certificates required under 
        this section shall be treated as any other customs 
        documentation for purposes of applying the customs laws that 
        prohibit the entry, or the attempt to enter, merchandise by 
        fraud, gross negligence, or negligence.
            (2) Civil penalties.--Any person who knowingly violates any 
        requirement prescribed by the Secretary to carry out this 
        section is punishable by a civil penalty in an amount not to 
        exceed $10,000.
    (f) Entry Prohibited Unless End-Use Certificate Presented.--The 
Commissioner of Customs may not permit the entry of any foreign 
commodity unless the importer of record presents at the time of entry 
of the commodity an end-use certificate that complies with the 
applicable requirements of subsection (c).

SEC. 2. SUSPENSION OR DEBARMENT FOR USE OF FOREIGN AGRICULTURAL 
              COMMODITIES IN CERTAIN AGRICULTURAL TRADE PROGRAMS.

    (a) Opportunity for Hearing.--The Commodity Credit Corporation 
shall provide a person with an opportunity for a hearing before 
suspending or debarring the person from participation in an 
agricultural trade program for using a foreign agricultural commodity 
in violation of the terms and conditions of the program.
    (b) Waiver.--
            (1) In general.--The Commodity Credit Corporation may waive 
        the suspension or debarment of a person from participation in 
        an agricultural trade program for using a foreign agricultural 
        commodity in violation of the terms and conditions of the 
        program if the person demonstrates, to the satisfaction of the 
        Corporation, that--
                    (A) the use of the commodity was unintentional; and
                    (B) the quantity of the foreign agricultural 
                commodity used was less than 1 percent of the total 
                quantity of the commodity involved in the transaction.
            (2) Other penalties.--Any waiver by the Commodity Credit 
        Corporation of a suspension or debarment of a person under 
        paragraph (1) shall not affect the liability of the person for 
        any other penalty imposed under an agricultural trade program 
        for the quantity of the foreign agricultural commodity 
        involved.

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