[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 90 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 90

To improve the enforcement of the trade laws of the United States, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

 Mr. Hollings introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To improve the enforcement of the trade laws of the United States, 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. SHORT TITLE.

    This Act may be cited as the ``Trade Enforcement Act of 1993.''

SEC. 2. TABLE OF CONTENTS.

Sec 1. Short title.
Sec. 2. Table of contents.
           TITLE I--ANTIDUMPING AND COUNTERVAILING DUTY LAWS

Sec. 101. Determinations of United States price and foreign market 
                            value.
Sec. 102. Proprietary information.
Sec. 103. Downstream dumping.
Sec. 104. Resource input subsidies.
Sec. 105. Application of the countervailing duty law to nonmarket 
                            economies.
Sec. 106. Determinations of injury in antidumping and countervailing 
                            duty investigations.
Sec. 107. Circumvention of antidumping and countervailing duty orders.
Sec. 108. Private right of action.
Sec. 109. Annual report on antidumping and countervailing duty program.
               TITLE II--ADJUSTMENT TO IMPORT COMPETITION

Sec. 201. Import relief.
Sec. 202. Auction of import licenses.
            TITLE III--INTERNATIONAL UNFAIR TRADE PRACTICES

Sec. 301. Identification of trade liberalization priorities.
Sec. 302. Annual review of trade agreements.
Sec. 303. National Trade Estimate.
                TITLE IV--PROVISIONS RELATING TO IMPORTS

Sec. 401. Petitions regarding market disruption.
Sec. 402. Import licensing.
Sec. 403. Child labor.
Sec. 404. Slave labor.
Sec. 405. Textile agreement with China.
Sec. 406. Limits on automobile imports from Japan.
                     TITLE V--NEGOTIATING AUTHORITY

Sec. 501. Negotiation of agreements regarding tariff barriers.
Sec. 502. Repeal of fast track procedures.
Sec. 503. National Economic Council.
Sec. 504. Applicability of National Environmental Policy Act.
Sec. 505. Representation on advisory committees.
                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Scofflaw penalties for multiple customs law offenders.
Sec. 602. Authority to establish manufacturing subzones.
Sec. 603. Generalized system of preferences.
Sec. 604. Competitiveness impact statements.
Sec. 605. Congressional disapproval resolution.
Sec. 606. Representation or advising of foreign persons.
Sec. 607. Market disruption.
Sec. 608. Reports and investigations by International Trade Commission.
Sec. 609. Payment of certain customs duties.

           TITLE I--ANTIDUMPING AND COUNTERVAILING DUTY LAWS

SECTION 101. DETERMINATIONS OF UNITED STATES PRICE AND FOREIGN MARKET 
              VALUE.

    (a) Determination of United States Price.--Section 772(e)(1) of the 
Tariff Act of 1930 (19 U.S.C. 1677a(e)(1)) is amended by inserting 
``and reasonable profits from selling'' immediately after ``selling''.
    (b) Determination of Foreign Market Value.--Section 773(a)(4) of 
the Tariff Act of 1930 (19 U.S.C. 1677b(a)(4)) is amended by inserting 
immediately before the period at the end the following: ``, except that 
in no event shall the administering authority deduct indirect selling 
expenses (other than salaries of sales personnel) from foreign market 
value in order to offset expenses deducted from an exporter's sales 
price under section 772(e)''.

SEC. 102. PROPRIETARY INFORMATION.

    Section 777 of the Tariff Act of 1930 (19 U.S.C. 1677f) is 
amended--
            (1) by amending subsection (b)(1)(B)(ii) to read as 
        follows:
                            ``(ii) a statement that the information 
                        should not be released under administrative 
                        protective order.'';
            (2) in subsection (c)(1)--
                    (A) by amending subparagraph (A) to read as 
                follows:
                    ``(A) In General.--Upon receipt of an application 
                (before or after receipt of the information requested), 
                which describes with particularity the information 
                requested and sets forth the reasons for the request, 
                the administering authority and the Commission may make 
                proprietary information submitted by any other party to 
                the investigation available under a protective order 
                described in subparagraph (B).''; and
                    (B) by striking subparagraphs (C), (D), and (E);
            (3) in subsection (c)(2), immediately before ``then 
        application'', by inserting the following: ``or the Commission 
        denies a request for proprietary information submitted by the 
        petitioner or an interested party in support of the petitioner 
        concerning the domestic price or cost of production of the like 
        product,''; and
            (4) by striking subsections (d) and (e).

SEC. 103. DOWNSTREAM DUMPING.

    (a) In General.--Subtitle D of title VII of the Tariff Act of 1930 
(19 U.S.C. 1677 et seq.) is amended by inserting immediately after 
section 771B the following:

``SEC. 771C. DOWNSTREAM DUMPING.

    ``(a) Definition.--As used in this section, the term `downstream 
dumping' means a course of conduct in which a product is routinely used 
as a significant part, component, assembly, subassembly, or material in 
the manufacture or production or merchandise subject to investigation 
under subtitle B, and such product is purchased at a price that--
            ``(1) is lower than the generally available price of the 
        product in the country of manufacture or production, or
            ``(2) is lower than the price at which the product would be 
        generally available in the country of manufacture or production 
        but for the artificial depression of such general available 
        price by reason of any subsidy or other sales at below foreign 
        market value.
For purposes of this subsection, a `significant part' means that the 
part involved constitutes not less than 20 percent of the total cost of 
the product.
    ``(b) Inclusion of Amount Attributable to Downstream Dumping.--If 
the administering authority determines, during the course of such an 
investigation, that downstream dumping is occurring or has occurred 
with respect to any such product, the administering authority, in 
calculating the amount of any antidumping duty on such merchandise, 
shall include an amount equal to the difference between--
            ``(1) The price at which the product was purchased, and
            ``(2) either (A) the generally available price (referred to 
        in subsection (a)(1)) of the product, or (B) the price 
        (referred to in subsection (a)(2)) of the product that would 
        pertain, but for the artificial depression, whichever is 
        appropriate.
    ``(c) Scope of Inquiry of Administering Authority.--The 
administering authority is not required, in undertaking such an 
investigation, to consider the presence of downstream dumping, beyond 
that state in the manufacture or production of the class or kind of 
merchandise that immediately precedes the final manufacturing or 
production stage before export to the United States, unless reasonably 
available information indicates that such dumping has occurred or is 
occurring before such immediately preceding stage and is having or has 
had a substantial effect on the price of the merchandise.''.
    (b) Imposition of Antidumping Duties.--Section 731(2) of the Tariff 
Act of 1930 (19 U.S.C. 1673(2)) is amended--
            (1) in subparagraph (A)(ii), by striking ``or'';
            (2) by inserting ``or'' at the end of subparagraph (B); and
            (3) by inserting immediately after subparagraph (B) the 
        following:
                    ``(C) an industry producing a product used in the 
                manufacture or production of the foreign merchandise 
                has been materially injured or threatened with material 
                injury, or the establishment of such an industry in the 
                United States has been materially retarded,''.
    (c) Definition of Interested Party.--Subparagraphs (C), (D), (E), 
and (F) of section 771(9) of the Tariff Act of 1930 (19 U.S.C. 
1677(9)(C), (D), (E), and (F)) are each amended by inserting 
immediately after ``product'' the following: ``or a product that is 
used in the manufacture or production of a like product''.
    (d) Conforming Amendment.--The table of contents for title VII of 
the Tariff Act of 1930 is amended by inserting immediately after the 
item relating to section 771B the following:

``Sec. 771C. Downstream dumping.''.

SEC. 104. RESOURCE INPUT SUBSIDIES.

    (a) In General.--Subtitle D of title VII of the Tariff Act of 1930 
(19 U.S.C. 1677 et seq.), as amended by section 103(a) of this Act, is 
further amended by adding at the end the following:

``SEC. 771D. RESOURCE INPUT SUBSIDIES.

    ``(a) General Rule.--A resource input subsidy exists if--
            ``(1) a product (hereinafter in this section referred to as 
        an `input product')--
                    ``(A) is provided or sold by a government or a 
                government-regulated or government-controlled entity 
                within a country (hereinafter in this section referred 
                to as an `exporting country'), for use as an input in 
                another product manufactured within that country, at a 
                domestic price that--
                            ``(i) is lower than the fair market value 
                        of the input product, and
                            ``(ii) is not freely available, by reason 
                        of government regulation or control, to United 
                        States producers for purchase of the input 
                        product for export to the United States; and
                    ``(B) would, if sold at the fair market value, 
                constitute a significant portion of the total cost of 
                the manufacture or production of the merchandise in 
                which or for which the input product is used; or
            ``(2) the right to remove or extract a product (hereinafter 
        in this section referred to as the `removal right') is provided 
        or sold by a government or a government-regulated or 
        government-controlled entity within a country, and--
                    ``(A) that product is for input use in another 
                product manufactured within that country;
                    ``(B) the removal right is provided or sold at a 
                domestic price that is lower than the fair market value 
                of that right; and
                    ``(C) that right, if sold at the fair market value, 
                would constitute a significant portion of the total 
                cost of manufacture or production of the merchandise in 
                or for which the product is used.
    ``(b) Amount for Resource Input.--
            ``(1) In General.--The amount of a resource input subsidy 
        is the difference between the domestic price of an input 
        product or of a removal right, and the fair market value of 
        that product or right.
            ``(2) Exclusions.--For purposes of this section, the terms 
        `domestic price' and `fair market value' do not include, with 
        respect to an input product, the costs incident to the 
        transportation and handling required to move the product from 
        its point of production to the respective domestic or foreign 
        destination.
    ``(c) Definitions and Rules.--For purposes of this section--
            ``(1) Fair Market Value Defined.--The term `fair market 
        value' means--
                    ``(A) with respect to an input product, the price 
                that, in the absence of government regulation or 
                control, a willing buyer would pay a willing seller for 
                that product from the exporting country in an arms-
                length transaction; and
                    ``(B) with respect to a removal right, the price 
                that, in the absence of government regulation or 
                control, a willing buyer would pay a willing seller for 
                the removal right in the country providing or selling 
                the right.
            ``(2) Value of Input Product.--In determining the fair 
        market value of an input product, the administering authority 
        shall take into account--
                    ``(A) the export price of the product;
                    ``(B) the prices at which the product is generally 
                available in world markets;
                    ``(C) the current market clearing price at which 
                the product can be sold competitively by the exporting 
                country in the markets of other countries (including 
                the United States) that are market economy countries; 
                and
                    ``(D) the availability to the exporting country of 
                markets described in subparagraph (C).
            ``(3) Value of Removal Right.--In determining the fair 
        market value of a removal right, the administering authority 
        shall take into account--
                    ``(A) the price paid in the exporting country for a 
                comparable removal right not subject to government 
                regulation or control;
                    ``(B) the price paid in the exporting country for a 
                comparable removal right sold or offered for sale 
                through a process of competitive bidding; and
                    ``(C) the price paid for a comparable removal right 
                in comparable regions of countries other than the 
                exporting country.
            ``(4) Input use Defined.--The term `input use' refers to 
        the use (directly or indirectly) of an input product in the 
        manufacture or production of any class or kind of merchandise 
        that is the subject of an investigation under this title.
    ``(d) Requirement of Injury Test.--Notwithstanding section 303(b), 
sections 703(a) and 705(b) (relating to injury determinations by the 
Commission) shall apply to any investigation under section 303(b) in 
which the existence of resource input subsidies under section 771C is 
alleged.''.
    (b) Definition of Subsidy.--Section 771(5)(A) of the Tariff Act of 
1930 (19 U.S.C. 1677(5)(A)) is amended by adding at the end the 
following:
                            ``(iii) Any resource input subsidy provided 
                        under section 771D.''.
    (c) Conforming Amendment.--The table of contents for title VII of 
the Tariff Act of 1930, as amended by section 103(d) of this Act, is 
further amended by inserting after the item relating to section 771C 
the following:

``Sec.-771D.-Resource input subsidies.''.

SEC. 105. APPLICATION OF THE COUNTERVAILING DUTY LAW TO NONMARKET 
              ECONOMIES.

    Section 771(5) of the Tariff Act of 1930 (19 U.S.C. 1677(5)) is 
amended--
            (1) by redesignating subparagraph (B) as subparagraph (C);
            (2) in subparagraph (C), as so redesignated, by striking 
        ``subparagraph (A)'' and inserting in lieu thereof 
        ``subparagraphs (A) and (B)''; and
            (3) by inserting immediately after subparagraph (A) the 
        following new subparagraph:
                    ``(B) Subsidies in Nonmarket Economy Countries.--
                Benefits that would constitute a countervailable 
                subsidy under subparagraph (A) shall be treated as a 
                subsidy if provided to an enterprise or industry, or 
                group of enterprises or industries, in a nonmarket 
                economy country. In such cases, the amount of the 
                subsidy is equal to the difference between the price at 
                which the merchandise under investigation is sold in 
                the United States, and the weighted average of the 
                prices at which such or similar merchandise, for market 
                economy countries selected by the administering 
                authority as being at a stage of economic development 
                comparable to that of the country under investigation, 
                is sold either--
                            ``(i) for consumption in the home market of 
                        those countries, or
                            ``(ii) to other countries, including the 
                        United States,
                as such prices are established by public and private 
                statistical information, by information supplied by 
                cooperating industries in such selected countries, and 
                by price information submitted by the petitioner and 
                not rebutted by the foreign producer.''.

SEC. 106. DETERMINATIONS OF INJURY IN ANTIDUMPING AND COUNTERVAILING 
              DUTY INVESTIGATIONS.

    (a) Cumulation in Material Injury Determinations.--Section 
771(7)(C)(iv)(I) of the Tariff Act of 1930 (19 U.S.C. 
1677(7)(C)(iv)(I)) is amended by striking ``investigation'' and 
inserting in lieu thereof ``either an antidumping or a countervailing 
duty investigation or to an antidumping or countervailing duty order 
(if the marketing of such products is reasonably coincident)''.
    (b) Impact on Affected Domestic Industry.--Section 771(7)(c)(iii) 
of the Tariff Act of 1930 (19 U.S.C. 1677(7)(C)(iii)) is amended--
            (1) by striking ``(B)(iii)'' and inserting in lieu thereof 
        ``(B)(i)(III)''; and
            (2) by striking the last sentence and inserting in lieu 
        thereof the following new sentence: ``In evaluating such 
        factors, the Commission shall consider what effect other 
        factors, including the existence of a national economic 
        recovery, have had upon such factors, and whether an increase 
        in the sale of imports compared to sales of domestic products 
        indicates that there is a likelihood that such declines will 
        occur.''.
    (c) Standard for Material Injury Determination.--Section 
771(7)(E)(ii) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(E)(ii)) is 
amended by striking the period at the end and inserting in lieu thereof 
the following: ``; except that factors other than those enumerated in 
subparagraph (B)(i) shall not alone be the basis for a determination of 
the Commission that there is no material injury or threat of material 
injury to United States producers.''.
    (d) Threat of Material Injury.--Section 771(7)(F) of the Tariff Act 
of 1930 (19 U.S.C. 1677(7)(F)) is amended by striking clause (iv).
    (e) Treatment of Negligible Imports.--Section 771(7)(C) of the 
Tariff Act of 1930 (19 U.S.C. 1677(7)(C)) is amended by striking clause 
(v).

SEC. 107. CIRCUMVENTION OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS.

    (a) Merchandise Completed or Assembled in United States.--Section 
781(a) of the Tariff Act of 1930 (19 U.S.C. 1677j(a)) is amended--
            (1) in paragraph (1)--
                    (A) by adding ``and'' at the end of subparagraph 
                (A)(iii);
                    (B) by striking ``and'' at the end of subparagraph 
                (B); and
                    (C) by striking subparagraph (C); and
            (2) in paragraph (2)--
                    (A) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (C) and (D), respectively; and
                    (B) by inserting immediately after subparagraph (A) 
                the following new subparagraph:
                    ``(B) the value of the imported parts and 
                components referred to in paragraph (1)(B) or the value 
                of imported parts and components from another country 
                that were utilized in the production or manufacture of 
                the merchandise which was the subject of such order or 
                finding,''.
    (b) Merchandise Completed or Assembled in Other Foreign 
Countries.--Section 781(b) of the Tariff Act of 1930 (19 U.S.C. 
1677j(b)) is amended--
            (1) in paragraph (1)--
                    (A) by adding ``and'' at the end of subparagraph 
                (A)(iii); and
                    (B) by striking subparagraph (C); and
                    (C) by redesignating subparagraph (D) as 
                subparagraph (C); and
            (2) in paragraph (2)--
                    (A) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (C) and (D), respectively; and
                    (B) by inserting immediately after subparagraph (A) 
                the following new subparagraph:
                    ``(B) the value of the imported parts and 
                components referred to in paragraph (1)(B) or the value 
                of imported parts and components from another country 
                that were utilized in the production or manufacture of 
                the merchandise which was the subject of such order or 
                finding,''.

SEC. 108. PRIVATE RIGHT OF ACTION.

    (a) Unfair Competition.--(1) Section 801 of the Act of September 8, 
1916 (15 U.S.C. 72), is amended to read as follows:
    ``Sec. 801. (a) No person shall import or sell within the United 
States any article manufactured or produced in a foreign country if:
            ``(1) such article is imported or sold within the United 
        States at a United States price which is less than the foreign 
        market value or constructed value of such article; and
            ``(2) such importation or sale--
                    ``(A) causes or threatens material injury to 
                industry or labor in the United States; or
                    ``(B) prevents, in whole or in part, the 
                establishment or modernization of any industry in the 
                United States.
    ``(b) Any interested party who shall be injured in his business or 
property by reason of an importation or sale in violation of this 
section may bring a civil action in the district court of the District 
of Columbia or in the Court of International Trade against any 
manufacturer or exporter of such article or any importer of such 
article into the United States who is related to such manufacturer or 
exporter.
    ``(c) In any action brought under subsection (b), upon a finding of 
liability on the part of the defendant, the plaintiff shall--
            ``(1)(A) be granted such equitable relief as may be 
        appropriate, which may include an injunction against further 
        importation into, or sale or distribution within, the United 
        States by such defendant of the articles in question, or (B) if 
        such injunctive relief cannot be timely provided or is 
        otherwise inadequate, recover damages for the injuries 
        sustained; and
            ``(2) recover the costs of the action, including reasonable 
        attorney's fees.
    ``(d) The standard of proof in any action filed under this section 
is a preponderance of the evidence. Upon a prima facie showing of the 
elements set forth in subsection (a), or upon a final determination 
adverse to the defendant by the Department of Commerce or the United 
States International Trade Commission under section 735 of the Tariff 
Act of 1930 (19 U.S.C. 1673d) relating to imports of the article in 
question for the country in which the manufacturer of the article is 
located, which final determination shall be considered a prima facie 
case for purposes of this Act, the burden of rebutting such prima facie 
case shall be upon the defendant.
    ``(e) Whenever it shall appear to the court that justice requires 
that other parties be brought before the court, the court may cause 
them to be summoned, without regard to where they reside, and the 
subpoenas for such purpose may be served and enforced in any district 
of the United States.
    ``(f) The acceptance by any foreign manufacturer, producer, or 
exporter of any right or privilege conferred upon him to sell his 
products or have his products sold by another party in the United 
States shall be deemed equivalent to an appointment by the foreign 
manufacturer, producer, or exporter of the District Director of the 
United States Customs Service of the Department of the Treasury for the 
port through which the article is commonly imported to be the true and 
lawful agent upon whom may be served all lawful process in any action 
brought under this section.
    ``(g)(1) An action may be brought under this section only if such 
action is commenced within four years after the date on which the cause 
of action accrued.
    ``(2) The running of the statute of limitations provided in 
paragraph (1) shall be suspended while any administrative proceedings 
under section 731, 732, 733, 734, or 735 of the Tariff Act of 1930 (19 
U.S.C. 1673-1673d) relating to the importations in question, or any 
appeal of a final determination in such proceeding, is pending and for 
one year thereafter.
    ``(h) If a defendant in any action brought under subsection (b) 
fails to comply with any discovery order or other order or decree of 
the court, the court may--
            ``(1) enjoin the further importation into, or the sale or 
        distribution within, the United States by such defendant of 
        articles which are the same as, or similar to, those articles 
        which are alleged in such action to have been sold or imported 
        under the conditions described in subsection (b) until such 
        time as the defendant complies with such order or decree; or
            ``(2) take any other action authorized by law or by the 
        Federal Rules of Civil Procedure, including entering judgment 
        for the plaintiff.
    ``(i)(1) Except as provided in paragraph (2), the confidential or 
privileged status accorded by law to any documents, evidence, comments, 
or information shall be preserved in any action under this section.
    ``(2) The court in any action brought under this section may--
            ``(A) examine, in camera, any confidential or privileged 
        material;
            ``(B) accept depositions, documents, affidavits, or other 
        evidence under sale; and
            ``(C) disclose such material under such terms and 
        conditions as the court may order.
    ``(j) Any action brought under this section shall be advanced on 
the docket and expedited in every way possible.
    ``(k) For purposes of this section--
            ``(1) The terms `United States price', `foreign market 
        value', `constructed value', `subsidy', and `material injury', 
        shall have the meaning given such terms by title VII of the 
        Tariff Act of 1930.
            ``(2) If--
                    ``(A) a subsidy is provided to the manufacturer, 
                producer, or exporter of any article, and
                    ``(B) such subsidy is not included in the foreign 
                market value or constructed value of such article (but 
                for this paragraph),
the foreign market value of such article or the constructed value of 
such article shall be increased by the amount of such subsidy.
    ``(l) The court shall permit the United States to intervene in any 
action, suit, or proceeding under this section, as a matter of right. 
The United States shall have all the rights of a party.
    ``(m) Any order by a court under this section is subject to 
nullification by the President pursuant to the President's authority 
under section 203 of the International Emergency Economic Powers Act 
(50 U.S.C. 1702).''.
    (2) Section 1 of the Clayton Act (15 U.S.C. 12) is amended by 
inserting immediately after ``nineteen hundred and thirteen;'' the 
following: ``section 801 of the Act of September 8, 1916, entitled `An 
Act to raise revenue, and for other purposes' (15 U.S.C. 72);''.
    (b) Private Enforcement Action.--(1) Chapter 95 of title 28, United 
States Code, is amended by adding at the end the following:
``Sec. 1586. Private enforcement action
    ``(a) Any interested party who shall be injured in his business or 
property by a fraudulent or grossly negligent violation of section 
592(a) of the Tariff Act of 1930 (19 U.S.C. 1592(a)) may bring a civil 
action in the district court of the District of Columbia or in the 
Court of International Trade, without respect to the amount in 
controversy.
    ``(b) Upon proof by an interested party that he has been damaged by 
a fraudulent or grossly negligent violation of section 592(a) of the 
Tariff Act of 1930 (19 U.S.C. 1592(a)), such interested party shall--
    ``(1) be granted such equitable relief as may be appropriate, which 
may include an injunction against further importation into the United 
States of the articles or products in question; or
            ``(2) if such injunctive relief cannot be timely provided 
        or is otherwise inadequate, recover damages for the injuries 
        sustained; and
            ``(3) recover the costs of suit, including reasonable 
        attorney's fees.
    ``(c) For purposes of this section--
            ``(1) The term `interested party' means--
                    ``(A) a manufacturer, producer, or wholesaler in 
                the United States of a like product or competing 
                product; or
                    ``(B) a trade or business association a majority of 
                whose members manufacture, produce, or wholesale a like 
                product or competing product in the United States.
            ``(2) The term `like product' means a product which is 
        like, or in the absence of like, most similar in 
        characteristics and uses to products being imported into the 
        United States in violation of section 592(a) of the Tariff Act 
        of 1930 (19 U.S.C. 1592(a)).
            ``(3) The term `competing product' means a product which 
        competes with or is a substitute for products being imported 
        into the United States in violation of section 592(a) of the 
        Tariff Act of 1930 (19 U.S.C. 1592(a)).
    ``(d) The court shall permit the United States to intervene in any 
action, suit, or proceeding under this section, as a matter of right. 
The United States shall have all the rights of a party.''.
    (2) The chapter analysis of chapter 95 of title 28, United States 
Code, is amended by adding immediately after the time relating to 
section 1585 the following:

``1586. Private enforcement action.''.

SEC. 109. ANNUAL REPORT ON ANTIDUMPING AND COUNTERVAILING DUTY PROGRAM.

    (a) Report to Congress.--The Secretary of Commerce, with the 
assistance of the Commissioner of Customs, shall submit to Congress an 
annual report on the antidumping and countervailing duty program.
    (b) Contents.--(1) The annual report submitted under subsection (a) 
shall include--
            (A) information based on Department of Commerce and United 
        States Customs Service data, concerning (i) the status of the 
        antidumping and countervailing duty program, (ii) the status of 
        individual antidumping or countervailing duty orders, (iii) key 
        problems with the program, and (iv) agency plans for 
        improvement; and
            (B) reports on progress toward achieving the objectives 
        listed in paragraph (2).
    (2) The objectives referred to in paragraph (1)(B) are as follows:
                    (A) The revamping of Department of Commerce and 
                United States Customs Service program goals and 
                management controls to provide effective means for 
                measuring the performance of the antidumping and 
                countervailing duty program.
                    (B) The establishment by the Customs Service of 
                management controls to provide oversight of the 
                performance of Customs Service field offices with 
                respect to the antidumping and countervailing duty 
                program.
                    (C) The completion by the Customs Service of 
                planned software enhancements to provide automated 
                antidumping and countervailing duty data on final duty 
                assessments, liquidations, billings, payments, and 
                warehouse withdrawals.
                    (D) The standardization and improvement of the 
                creation, maintenance, and use of the paper files at 
                the Customs Service that pertain to the antidumping and 
                countervailing duty program.
                    (E) The elimination by the Customs Service and 
                Department of Commerce of their liquidation, billing 
                protest, and scope determination backlogs.
                    (F) With respect to the determination of the scope 
                of an antidumping or countervailing duty order--
                            (i) the establishment of a 30-day deadline 
                        for the Department of Commerce to issue 
                        preliminary or final scope determinations;
                            (ii) the issuance of a national directive 
                        by the Customs Service on handling imports 
                        subject to a pending scope determination at the 
                        Department of Commerce; and
                            (iii) the establishment by the Customs 
                        Service of a national policy of suspending 
                        liquidation and assessing duties on imports 
                        apparently within the scope of an antidumping 
                        or countervailing duty order, unless otherwise 
                        instructed by the Department of Commerce.
                    (G) Improvement of procedures for Harmonized Tariff 
                Schedule classifications involving imports subject to 
                an antidumping or countervailing duty order or to a 
                pending dispute regarding the scope of such an order.
                    (H) Completion by the Customers Service of its work 
                to replace its accounting software, strengthen its 
                financial controls, and implement the debt collection 
                reforms recommended in the 1990 Customs Revenue 
                Accounting Study.
                    (I) Correction of the Customs Service importer 
                identification database to eliminate multiple 
                identification numbers for single importers.
                    (J) Institution of Customs Service procedures to 
                prevent importers from obtaining new or additional 
                identification numbers where the importers, or their 
                affiliates or predecessors, have delinquent debts to 
                the Customs Service.
                    (K) Establishment of Customs Service management 
                controls to ensure that its field offices issue timely 
                bills for the collection of antidumping and 
                countervailing duties.
                    (L) Streamlining of Department of Commerce 
                procedures for handling billing protests in a timely 
                manner, together with establishment of effective 
                Customs Service procedures for monitoring such 
                protests.
                    (M) Establishment of policies and procedures within 
                the Department of Commerce and Customs Service for 
                prompt response by their personnel to United States 
                industry requests for information on antidumping and 
                countervailing duty activities.
                    (N) Implementation of policies and procedures at 
                the Department of Commerce and Customs Service for the 
                prompt investigation of complaints by United States 
                industry concerning antidumping and countervailing duty 
                enforcement.

               TITLE II--ADJUSTMENT TO IMPORT COMPETITION

SEC. 201. IMPORT RELIEF.

    (a) Petitions and Adjustment Plans.--Section 202(a) of the Trade 
Act of 1974 (19 U.S.C. 2252(a) is amended--
            (1) in paragraph (3), by striking ``the Office of the 
        United States Trade Representative and'';
            (2) in paragraph (4), by striking ``and the United States 
        Trade Representative (hereafter in this chapter referred to as 
        the `Trade Representative')''; and
            (3) in paragraph (5)--
                    (A) by striking ``Trade Representative'' the first 
                four times it appears and inserting in lieu thereof 
                ``Commission''; and
                    (B) by striking ``Trade Representative'' the last 
                time it appears and inserting in lieu thereof 
                ``Chairman of the Commission''.
    (b) Substantial Cause Determinations.--Section 202(c)(1)(C) of the 
Trade Act of 1974 (19 U.S.C. 2252(c)(1)(C)) is amended by inserting 
immediately before the period at the end the following: ``, or a 
significant reduction in market share, profits, employment, investment, 
or research and development which would not have occurred in the 
absence of increased quantities of imports, even though similar 
reductions due to other causes might have occurred''.
    (c) Determination of Affected Domestic Industry.--Section 202(c)(4) 
of the Trade Act of 1974 (19 U.S.C. 2252(c)(4)) is amended--
            (1) by striking ``and'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following:
            ``(D) shall, in a case involving a broad range of related 
        products, many or all of which are produced by the same 
        domestic producers, treat as such domestic industry the 
        producers of such products, even though the products may not be 
        like or directly competitive with one another.''.
    (d) Commission Recommendations.--Section 202(e) of the Trade Act of 
1974 (19 U.S.C. 2252(e)) is amended--
            (1) in paragraph (3), by striking ``203(e)'' and inserting 
        in lieu thereof ``203(d)''; and
            (2) in paragraph (5)(B)--
                    (A) by amending clauses (ii) and (iii) to read as 
                follows:
                            ``(ii) the extent to which workers and 
                        firms in the domestic industry are--
                                    ``(I) benefitting from adjustment 
                                assistance and other manpower programs, 
                                and
                                    ``(II) engaged in worker retraining 
                                efforts,
                            ``(iii) the efforts being made, or to be 
                        implemented, by the domestic industry 
                        (including the efforts included in any 
                        adjustment plan or commitment submitted to the 
                        Commission under section 201(b)) to make a 
                        positive adjustment to import competition,'';
                    (B) by striking ``and'' at the end of clause (iv);
                    (C) by striking the period at the end of clause (v) 
                and inserting in lieu thereof a comma; and
                    (D) by adding at the end the following:
                            ``(vi) the extent to which there is 
                        diversion of foreign exports to the United 
                        States market by reason of foreign restraints,
                            ``(vii) the potential for circumvention of 
                        any action taken under this section, and
                            ``(viii) the national security interests of 
                        the United States.''.
    (e) Limitations on Investigations.--Section 202(h) of the Trade Act 
of 1974 (19 U.S.C. 2252(h)) is amended by striking ``section 
203(a)(3)(A), (B), (C), or (E)'' and inserting in lieu thereof the 
following: ``section 202(e)(2)(A), (B), or (C), or section 202(e)(4)(A) 
with respect to orderly marketing agreements,''.

SEC. 202. AUCTION OF IMPORT LICENSES.

    Section 1102(a) of the Trade Agreements Act of 1979 (19 U.S.C. 
2581(a)) is amended by inserting immediately after ``may'' the 
following: ``(except that, in taking action under section 203 of the 
Trade Act of 1974, the President shall)''.

            TITLE III--UNFAIR INTERNATIONAL TRADE PRACTICES

SEC. 301. IDENTIFICATION OF TRADE LIBERALIZATION PRIORITIES.

    (a) Extension of Period for Identification.--Section 310(a)(1) of 
the Trade Act of 1974 (19 U.S.C. 2420(a)(1)) is amended--
            (1) by striking ``By no later than the date that is 30 days 
        after the date in calendar year 1989, and also the date in 
        calendar year 1990, on which the report required under section 
        181(b) is submitted to the appropriate Congressional 
        committees,'' and inserting in lieu thereof ``By no later than 
        September 30 of each calendar year,'';
            (2) in subparagraph (B), by striking ``such report'' and 
        inserting in lieu thereof ``the most recent report submitted 
        under section 181(b)'';
            (3) in subparagraph (D)--
                    (A) by inserting ``, Committee on Commerce, 
                Science, and Transportation, Committee on Banking, 
                Housing, and Urban Affairs, and Committee on Foreign 
                Relations'' immediately after ``Finance''; and
                    (B) by inserting ``, Committee on Energy and 
                Commerce, Committee on Banking, Finance and Urban 
                Affairs, and Committee on Foreign Affairs'' immediately 
                after ``Ways and Means''; and
            (4) by adding at the end the following new subsection:
    ``(e) Petitions by Congressional Committees.--If the Committee on 
Finance, Committee on Commerce, Science, and Transportation, Committee 
on Banking, Housing, and Urban Affairs, or Committee on Foreign 
Relations of the Senate, or the Committee on Ways and Means, Committee 
on Energy and Commerce, Committee on Banking, Finance and Urban 
Affairs, or Committee on Foreign Affairs of the House of 
Representatives, determines (by a resolution adopted by such Committee) 
that an investigation under this chapter should be initiated with 
respect to any barriers and market distorting practices of any foreign 
country that such Committee determines to be a country that maintains a 
consistent pattern of import barriers or market distorting practices, 
such Committee shall be eligible to file a petition under section 
302(a) and shall file a petition under section 302(a) with respect to 
such barriers and practices.''.
    (b) Mandatory Action.--(1) Section 301(a)(1) of the Trade Act of 
1974 (19 U.S.C. 2411(a)(1)) is amended--
            (A) by striking ``or'' at the end of subparagraph (A);
            (B) by inserting ``or'' at the end of subparagraph (B)(ii); 
        and
            (C) by inserting immediately after subparagraph (B)(ii), 
        the following new subparagraph:
            ``(C) a priority practice--
                    ``(i) identified under section 310, or
                    ``(ii) with respect to a priority foreign country 
                identified under section 310,
        constitutes an act, policy, or practice of a foreign country 
        which is unreasonable or discriminatory and burdens or 
        restricts United States commerce;''.
    (2) Section 304(a)(1)(A)(ii) of the Trade Act of 1974 (19 U.S.C. 
2414(a)(1)(A)(ii)) is amended by striking ``(a)(1)(B)'' and inserting 
in lieu thereof ``(a)(1)(B), (a)(1)(C),''.
    (c) Estimation of Barriers to Market Access.--Section 181(a)(1)(C) 
of the Trade Act of 1974 (19 U.S.C. 2241(a)(1)(C)) is amended--
            (1) by striking ``, if feasible,''; and
            (2) by striking the period at the end and inserting in lieu 
        thereof the following: ``; and if it is not feasible to make an 
        estimate under this subparagraph, the Trade Representative 
        shall provide an explanation of why such estimate is not 
        feasible.''.

SEC. 302. ANNUAL REVIEW OF TRADE AGREEMENTS.

    (a) In General.--Chapter 1 of title III of the Trade Act of 1974 
(19 U.S.C. 2411 et seq.) is amended by inserting immediately after 
section 306 the following new section:

``SEC. 306A. ANNUAL REVIEW OF TRADE AGREEMENTS.

    ``(a) Request for Review.--
            ``(1)(A) An interested person may file with the Trade 
        Representative a written request for a review to determine 
        whether a foreign country is in compliance with any trade 
        agreement such country has with the United States. Such request 
        may be filed at any time after the date which is within 30 days 
        after the anniversary of the effective date of such agreement, 
        but not later than 90 days before the date of expiration of 
        such agreement.
            ``(B) A written request filed under subparagraph (A) 
        shall--
                    ``(i) identify the person filing the request and 
                the interest of that person which is affected by the 
                noncompliance of a foreign country with a trade 
                agreement with the United States;
                    ``(ii) describe the rights of the United States 
                being denied under such trade agreement; and
                    ``(iii) include information reasonably available to 
                the person regarding the failure of the foreign country 
                to comply with such trade agreement.
            ``(C) For purposes of this subsection--
                    ``(i) the term `interested person' means a person 
                with a significant economic interest that is affected 
                by the failure of a foreign country to comply with a 
                trade agreement.
                    ``(ii) The term `trade agreement' means an 
                agreement with the United States and does not include 
                multilateral trade agreements such as the General 
                Agreement on Tariffs and Trade.
    ``(b) Review and Determination.--
            ``(1) Upon the filing of a request under subsection (a), 
        the Trade Representative shall commence the requested review. 
        In conducting the review, the Trade Representative may, as the 
        Trade Representative determines appropriate, consult with the 
        Secretary of Commerce, the Secretary of Agriculture, or the 
        head of any other relevant Federal agency.
            ``(2)(A) On the basis of the review conducted under 
        paragraph (1), the Trade Representative shall determine whether 
        any act, policy, or practice of the foreign country that is the 
        subject of the review is in material noncompliance with the 
        terms of the applicable trade agreement. Such determination 
        shall be made not later than 90 days after the request for 
        review was filed under subsection (a).
            ``(B) In making a determination under paragraph (1) with 
        respect to a foreign country's compliance with a trade 
        agreement, the Trade Representative shall take into account, 
        among other relevant factors--
                    ``(i) achievement of the objectives of the 
                agreement,
                    ``(ii) adherence to commitments given, and
                    ``(iii) any evidence of actual patterns of trade 
                that do not reflect patterns of trade which would 
                reasonably be anticipated to flow from the concessions 
                or commitments of such country based on the 
                international competitive position and export potential 
                of a United States industry.
            ``(C) The Trade Representative may seek the advice of the 
        Commission when considering the factors described in 
        subparagraph (B).
    ``(c) Further Action.--
            ``(1) If the Trade Representative determines under 
        subsection (b) that an act, policy, or practice of a foreign 
        country is in material noncompliance with the applicable trade 
        agreement, the Trade Representative shall determine what 
        further action to take under section 301(a).
            ``(2) For purposes of section 301, any determination made 
        under subsection (b) shall be treated as a determination made 
        under section 304(a)(1).
            ``(3) In determining what further action (including 
        possible sanctions) to take under paragraph (1), the Trade 
        Representative shall seek to minimize any adverse impact on 
        existing business relations or economic interests of United 
        States persons, including consideration of taking action with 
        respect to future products for which a significant volume of 
        current trade does not exist.''.
    (b) Conforming Amendment.--The table of contents of chapter 1 of 
title III of the Trade Act of 1974 is amended by inserting immediately 
after the item relating to section 306 the following new item:

``Sec. 306A. Annual review of trade agreements.''.
    (c) International Obligations.--The amendments made by this section 
shall not be construed to require actions inconsistent with the 
international obligations of the United States, including the General 
Agreement on Tariffs and Trade.

SEC. 303. NATIONAL TRADE ESTIMATE.

    Section 181(b)(1) of the Trade Act of 1974 (19 U.S.C. 2241(b)(1)) 
is amended by striking the comma immediately after ``President'' and 
all that follows through ``committees of'' and inserting in lieu 
thereof ``and to the appropriate committees of the Senate and the''.

                TITLE IV--PROVISIONS RELATING TO IMPORTS

SEC. 401. PETITIONS REGARDING MARKET DISRUPTION.

    (a) Investigation in Response to Petition.--(1) Any interested 
party may file with the United States Committee for Implementation of 
Textile Agreements (hereafter in this section referred to as ``CITA'') 
a petition to correct market disruption with respect to a particular 
article.
    (2) Upon receiving such a petition, CITA shall determine within 30 
days whether to commence an investigation to determine whether the 
product subject to the petition has been or is being imported into the 
United States in such quantities as to cause disruption in the United 
States market for that product, contrary to the terms of an 
international agreement.
    (3) If CITA determines not to initiate an investigation, it shall 
publish notice of such determination in the Federal Register, along 
with the reasons for such determination.
    (4) If CITA determines to commence an investigation, it shall 
notify the United States Trade Representative and Congress of such 
determination.
    (5) CITA shall conclude any such investigation within 180 days 
after the date on which a petition was filed under this section, except 
that CITA may extend such time period for an additional period not to 
exceed 60 days in complicated cases (as determined by CITA).
    (b) Imposition of Quotas Pending Negotiation.--If a call for 
consultation is issued regarding the article which is the subject of a 
petition under this section, CITA shall, in order to correct the market 
disruption caused by such article, impose quotas on the importation of 
such article unless and until the United States Trade Representative 
has negotiated an appropriate bilateral agreement with the country from 
which such article is imported.
    (c) Customs Service Responsibilities.--The United States Customs 
Service shall monitor all imports of products covered by an agreement 
entered into under subsection (b), and shall deny entry to any imports 
in amounts exceeding the limits contained in such an agreement.

SEC. 402. IMPORT LICENSING.

    (a) Requirement for License.--Notwithstanding any other provision 
of law, except as provided in subsection (b), no article may be entered 
or withdrawn from warehouse for consumption in the customs territory of 
the United States unless an import license has been issued for such 
article by the United States Customs Service.
    (b) Exemptions.--Subsection (a) does not apply--
            (1) to articles which are required by any agency of the 
        United States Government (other than the United States Customs 
        Service) to have a license or permit;
            (2) to noncommercial shipments, as determined by the 
        Secretary of the Treasury in accordance with subsection (c);
            (3) to commercial shipments valued at less than $1,000, as 
        determined by the Secretary in accordance with subsection (c), 
        except for textiles and textile products; and
            (4) to shipments of textiles and textile products valued at 
        less than $250, as determined by the Secretary in accordance 
        with subsection (c).
    (c) Duties of Secretary of the Treasury.--The Secretary of the 
Treasury shall promulgate rules and regulations, and prescribe 
procedures, to carry out the provisions of this section. The Secretary 
shall establish a fee for the issuance of licenses under this section 
to cover the cost of administering the provisions of this section.

SEC. 403. CHILD LABOR.

    (a) Findings; Purpose; Policy.--(1) The Congress finds the 
following:
            (A) Principle 9 of the Declaration of the Rights of the 
        Child proclaimed by the General Assembly of the United Nations 
        on November 20, 1959, states that ``. . .the child shall not be 
        admitted to employment before an appropriate minimum age; he 
        shall in no case be caused or permitted to engage in any 
        occupation or employment which would prejudice his health or 
        education, or interfere with his physical, mental, or moral 
        development. . .''.
            (B) According to the International Labor Organization, 
        worldwide an estimated 200,000,000 children under age 15 are 
        working, many of them in dangerous industries like mining and 
        fireworks.
            (C) Children under age 15 constitute approximately 11 
        percent of the workforce in some Asian countries, 17 percent in 
        parts of Africa, and a reported 12-to-26 percent in many 
        countries in Latin America.
            (D) The number of children under age 15 who are working, 
        and the scale of their suffering, increase every year, despite 
        the existence of more than 20 International Labor Organization 
        conventions on child labor and laws in many countries which 
        purportedly prohibit the employment of underage children.
            (E) In many countries, children under age 15 lack either 
        the legal standing or means to protect themselves from 
        exploitation in the workplace.
            (F) The employment of children under age 15 commonly 
        deprives the children of the opportunity for basic education 
        and also denies gainful employment to millions of adults.
            (G) The prevalence of child labor in many developing 
        countries is rooted in widespread poverty that is attributable 
        to unemployment and underemployment, precarious incomes, low 
        living standards, and insufficient education and training 
        opportunities.
            (H) The employment of children under age 15, often at 
        pitifully low wages, undermines the stability of families and 
        ignores the importance of increasing jobs, aggregate demand, 
        and purchasing power among adults as a catalyst to the 
        development of internal markets and the achievement of broad-
        based, self-reliant economic development in many developing 
        countries.
            (I) Adult workers in the United States and other developed 
        countries should not have their jobs imperiled by imports 
        produced by child labor in developing countries.
    (2) The purpose of this section is to curtail worldwide employment 
of children under age 15 by--
            (A) eliminating the role of the United States in providing 
        a market for foreign products made by underage children; and
            (B) encouraging other nations to join in a ban on trade in 
        such products.
    (3) It is the policy of the United States--
            (A) to discourage actively the employment of children under 
        age 15 in the production of goods for export or domestic 
        consumption;
            (B) to strengthen and supplement international trading 
        rules with a view to renouncing the use of underage children in 
        production as a means of competing in international trade;
            (C) to amend United States law to prohibit the entry into 
        commerce of products resulting from the labor of underage 
        children; and
            (D) to offer assistance to foreign countries to improve the 
        enforcement of national laws prohibiting the employment of 
        children under age 15 and to alleviate the underlying poverty 
        that is often the cause of the commercial exploitation of 
        children under age 15.
    (b) Proposal for Worldwide Trade Ban.--In pursuit of the policy set 
forth in this section, the President is urged to propose, as soon as 
possible, to the United Nations Economic and Social Rights Committee 
that the Convention for the Rights of the Child, which is to be 
submitted to the General Assembly of the United Nations, include a 
worldwide ban on trade in products of child labor.
    (c) Identification of Foreign Countries Permitting Use of Child 
Labor.--(1) The Secretary of Labor shall undertake periodic reviews 
(and the first such review shall be undertaken within 180 days after 
the date of enactment of this Act) to identify any foreign country 
that--
            (A) has not adopted, or is not enforcing effectively, 
        prohibitions against the use of child labor in the production 
        of products within the country (including designated zones 
        therein); and
            (B) has on a continuing basis exported products of child 
        labor of the country to the United States.
    (2)(A) Any person may file a petition with the Secretary of Labor 
requesting that a particular foreign country be identified under 
paragraph (1). The petition must set forth the allegations in support 
of the request.
    (B) Within 90 days after receiving a petition under subparagraph 
(A), the Secretary of Labor shall--
            (i) decide whether or not the allegations in the petition 
        warrant further action by the Secretary of Labor under 
        paragraph (1) with regard to the foreign country; and
            (ii) notify the petitioner of the decision under clause (i) 
        and the facts and reasons supporting the decision.
    (3) Before identifying a foreign country under paragraph (1), the 
Secretary of Labor shall--
            (A) consult with the United States Trade Representative, 
        the Secretary of State, and the Secretary of the Treasury 
        regarding such an action;
            (B) publish notice in the Federal Register stating that 
        such an identification is being considered and inviting the 
        submission within a reasonable time of written comment from the 
        public; and
            (C) take into account the information obtained under 
        subparagraphs (A) and (B).
    (4)(A) Subject to subparagraph (B), the Secretary of Labor may 
withdraw the identification of any foreign country under paragraph (1) 
if information available to the Secretary indicates that such action is 
appropriate.
    (B) No withdrawal under subparagraph (A) may take effect earlier 
than the 60th day after the date on which the Secretary submits to the 
Congress a written report--
            (i) stating that in the opinion of the Secretary of Labor 
        the foreign country concerned has adopted, and is effectively 
        enforcing, laws prohibiting the production of products with 
        child labor within the country (including designated zones 
        therein); and
            (ii) stating the facts on which such opinion is based and 
        any other reason why the Secretary of Labor considers the 
        withdrawal appropriate.
    (C) No withdrawal under subparagraph (A) may take effect unless the 
Secretary of Labor--
            (i) publishes notice in the Federal Register that such a 
        withdrawal is under consideration and inviting the submission 
        within a reasonable time of written comment from the public on 
        such a withdrawal; and
            (ii) takes into account the information received under 
        clause (i) before preparing the report required under 
        subparagraph (B).
    (5) The Secretary of Labor shall--
            (A) promptly following an identification decision under 
        paragraph (1) publish in the Federal Register--
                    (i) the name of each foreign country so identified, 
                and
                    (ii) the text of each decision made under paragraph 
                (2)(B)(i) and a statement of the facts and reasons 
                supporting the decision;
            (B) promptly following a withdrawal decision under 
        paragraph (4) publish the name of each foreign country 
        regarding which an identification is so withdrawn; and
            (C) maintain in the Federal Register a current list of all 
        foreign countries identified under paragraph (1).
    (6) In furtherance of paragraph (1), the Secretary of Labor shall 
transmit to the Congress, within 180 days after the date of enactment 
of this Act, and not later than March 1 of each subsequent year, a full 
and complete report with respect to the national laws and practices of 
foreign countries pertaining to the commercial exploitation of 
children. In preparing such a report, the Secretary shall consult with 
those officials listed in paragraph (3)(A). Also, the Secretary shall 
use all available information regarding the commercial exploitation of 
children, including information made available by the International 
Labor Organization, international trade union secretariats, trade 
unions, children's advocacy organizations, religious groups, and human 
rights organizations. Each report shall include entries on all foreign 
countries, shall describe which countries condone the commercial 
exploitation of children by law or in practice, and shall describe 
which countries by law and in practice effectively discourage the 
commercial exploitation of children, including the domestic mechanisms 
for the enforcement of laws and penalties intended to deter the 
commercial exploitation of children. Wherever possible, each report 
shall also identify those industries within particular foreign 
countries in which there is demonstrable evidence of commercial 
exploitation of children.
    (d) Restrictions on Entry of Certain Articles.--(1)(A) Except as 
provided in subparagraph (B), during the effective identification 
period for a foreign country the Secretary of the Treasury may not 
permit the entry of any manufactured article that is a product of that 
country.
    (B) Subparagraph (A) does not apply to the entry of a manufactured 
article--
            (i) for which a certification that meets the requirements 
        of paragraph (2) is provided;
            (ii) that is entered under any subheading in subchapter IV 
        or VI of chapter 98 (relating to personal exemptions) of the 
        Harmonized Tariff Schedule of the United States; or
            (iii) that was exported from the foreign country and was en 
        route to the United States before the first day of the 
        effective identification period for such country.
    (2)(A) The Secretary of the Treasury shall prescribe the form and 
content of documentation, for submission in connection with the entry 
of a manufactured article, that satisfies the Secretary of the Treasury 
that the importer of the article has undertaken reasonable steps to 
ensure, to the extent practicable, that the article is not a product of 
child labor.
    (B) The documentation required by the Secretary of the Treasury 
under subparagraph (A) shall include written evidence that the 
agreement setting forth the terms and conditions of the acquisition or 
provision of the imported article includes the condition that the 
article not be a product of child labor.
    (e) Prohibitions; Penalties.--(1) It is unlawful--
            (A) during the effective identification period applicable 
        to a foreign country, to attempt to enter any manufactured 
        article that is a product of that country if the entry is 
        prohibited under subsection (d)(1)(A); or
            (B) to violate any regulation prescribed under subsection 
        (f).
    (2) Any person who commits any unlawful act set forth in paragraph 
(1) is liable for a civil penalty of not to exceed $25,000.
    (3) In addition to being liable for a civil penalty under paragraph 
(2), any person who intentionally commits any unlawful act set forth in 
paragraph (1) is, upon conviction, liable for a fine of not less than 
$10,000 and not more than $35,000, or imprisonment for 1 year, or both.
    (4) The violations set forth in paragraph (1) shall be treated as 
violations of the customs laws for purposes of applying the enforcement 
provisions of the Tariff Act of 1930, including--
            (A) the search, seizure, and forfeiture provisions;
            (B) section 592 (relating to penalties for entry by fraud, 
        gross negligence, or negligence); and
            (C) section 619 (relating to compensation to informers).
    (f) Regulations.--The Secretary shall prescribe regulations that 
are necessary or appropriate to carry out this section.
    (g) Special Rules; Definitions.--For purposes of this section, the 
following apply:
            (1) A manufactured article shall be treated as being a 
        product of child labor if the article--
                    (A) was fabricated, assembled, or processed, in 
                whole or part,
                    (B) contains any part that was fabricated, 
                assembled, or processed, in whole or part, or
                    (C) was mined, quarried, pumped, or otherwise 
                extracted,
        by one or more children who engaged in the fabrication, 
        assembly, processing, or extraction--
                    (i) in exchange for remuneration (regardless to 
                whom paid), subsistence, goods or services, or any 
                combination of the foregoing;
                    (ii) under circumstances tantamount to involuntary 
                servitude; or
                    (iii) under exposure to toxic substances or working 
                conditions otherwise posing serious health hazards.
            (2) The term ``child'' means an individual who has not 
        attained age 15.
            (3) The term ``effective identification period'' means, 
        with respect to a foreign country, the period that--
                    (A) begins on the date of that issue of the Federal 
                Register in which the identification of the country is 
                published under subsection (c)(5)(A); and
                    (B) terminates on the date of that issue of the 
                Federal Register in which the withdrawal of the 
                identification referred to in clause (i) is published 
                under subsection (c)(5)(B).
            (4) The term ``entered'' means entered, or withdrawn from 
        warehouse for consumption, in the customs territory of the 
        United States.
            (5) The term ``foreign country'' includes any foreign 
        instrumentality. Any possession or territory of a foreign 
        country that is administered separately for customs purposes 
        shall be treated as a separate foreign country.
            (6) The term ``manufactured article'' means any good that 
        is fabricated, assembled, or processed. The term also includes 
        any mineral resource (including any mineral fuel) that is 
        entered in a crude state. Any mineral resource that at entry 
        has been subjected to only washing, crushing, grinding, 
        powdering, levigation, sifting, screening, or concentration by 
        flotation, magnetic separation, or other mechanical or physical 
        processes shall be treated as having been processed for the 
        purposes of this section.

SEC. 404. SLAVE LABOR.

    (a) In General.--Section 307 of the Tariff Act of 1930 (19 U.S.C. 
1307) is amended to read as follows:

``SEC. 307. PROHIBITION ON IMPORTATION OR TRANSPORTATION OF PROHIBITED 
              PRODUCTS.

    ``(a) Findings and Policy.--(1) The Congress finds that--
            ``(A) some states in the international community employ 
        various forms of convict labor, forced labor, indentured labor, 
        and involuntary labor;
            ``(B) these forms of labor are used for several purposes, 
        including political coercion, education or punishment, economic 
        development, labor discipline, or racial, social, national, or 
        religious discrimination;
            ``(C) goods, wares, articles, and resources produced or 
        extracted by these forms of labor are exported, directly or 
        indirectly, to other states in the international community, 
        including the United States;
            ``(D) the use of forced or compulsory labor constitutes 
        disrespect for basic human rights and fundamental freedoms, as 
        set forth in the Universal Declaration of Human Rights, the 
        Charter of the United Nations, and other international 
        covenants;
            ``(E) the Universal Declaration of Human Rights recognizes 
        the `right to work, to free choice of employment, to just and 
        favorable conditions of work' and prohibits slavery and the 
        slave trade `in all their forms';
            ``(F) the United States, as a sovereign state in the 
        international community, has pledged itself to protect and 
        defend human rights within its territory and to protect and 
        promote human rights, including the rights of individuals, to 
        be free from forced labor and involuntary servitude, throughout 
        the world; and
            ``(G) this commitment to human rights, generally, and to 
        the termination of forced labor and involuntary servitude, 
        specifically, is consistent with the basic principles on which 
        the United States was founded, as embodied in such documents as 
        the Declaration of Independence and the Bill of Rights, with 
        the prohibition against slavery in the Thirteenth Amendment, 
        and with the historical traditions of the United States as a 
        humanitarian nation; and
            ``(H) the Senate demonstrated the commitment of the United 
        States to the termination of forced labor and involuntary 
        servitude on May 14, 1991, when the Senate gave its advice and 
        consent to the ratification of the Convention Concerning the 
        Abolition of Forced Labor (Convention No. 105), adopted by the 
        International Labor Conference (40th session) at Geneva, 
        Switzerland, on June 25, 1957.
    ``(2) It is the policy of the United States to--
            ``(A) take measures, to the maximum extent practicable, to 
        protect the rights of individuals to be free from forced labor 
        and involuntary servitude;
            ``(B) enable the citizens of the United States to be free 
        from unknowingly supporting or subsidizing the policies of 
        states in the international community which employ forced labor 
        and involuntary servitude; and
            ``(C) deny United States economic support, by consumer 
        purchase, investment, lending, or otherwise, to states in the 
        international community which use forced labor.
    ``(b) Prohibition on Importation or Transportation.--(1)(A) Except 
as provided in subparagraph (B), no prohibited product may be imported 
into the United States nor transported in interstate commerce.
    ``(B) The provisions of subparagraph (A) shall not apply to items 
vital to national security.
    ``(2) No United States national or any other person subject to the 
jurisdiction of the United States may invest in, or make loans to, a 
foreign joint venture involving the use of forced labor.
    ``(3) The Secretary of the Treasury shall prescribe such 
regulations as may be necessary for the enforcement of this subsection.
    ``(4) For purposes of this subsection--
            ``(A) the term `forced labor' means all work or service 
        which is exacted from any person under the menace of any 
        penalty for its nonperformance and for which the worker does 
        not offer himself voluntarily;
            ``(B) the term `prohibited product' means any goods, wares, 
        articles, merchandise, natural resources, and services 
        produced, mined, extracted, manufactured, or provided wholly or 
        in part in any foreign country by forced labor; and
            ``(C) the term `United States national' means--
                    ``(i) a natural person who is a citizen of the 
                United States; and
                    ``(ii) a corporation or other legal entity which is 
                organized under the laws of the United States or of any 
                State, the District of Columbia, the Commonwealth of 
                Puerto Rico, or the Commonwealth of the Northern 
                Mariana Islands, if natural persons who are citizens of 
                the United States own, directly or indirectly, 50 
                percent or more of the outstanding capital stock or 
                other beneficial interest of such corporation or 
                entity.
    ``(c) Penalties.--(1) With respect to any violation of subsection 
(b)(1) or (2), an order under this section shall require the person or 
entity to pay a civil penalty of--
            ``(A) $10,000 for one violation;
            ``(B) $100,000 in the case of a person or entity previously 
        subject to one order under this section; or
            ``(C) $1,000,000 in the case of a person or entity 
        previously subject to more than one order under this section.
    ``(2)(A) Before imposing an order described in paragraph (1) 
against a person or entity for a violation of subsection (b)(2), the 
Secretary of the Treasury shall provide the person or entity with 
notice and, upon request made within a reasonable time (of not less 
than 30 days, as established by the Secretary of the Treasury) of the 
date of the notice, a hearing respecting the violation.
    ``(B) Any hearing so requested shall be conducted before an 
administrative law judge. The hearing shall be conducted in accordance 
with the requirements of section 554 of title 5, United States Code. 
The hearing shall be held at the nearest practicable place to the place 
where the person or entity resides or of the place where the alleged 
violation occurred. If no hearing is so requested, the Secretary of the 
Treasury's imposition of the order shall constitute a final and 
unappealable order.
    ``(C) If the administrative law judge determines, upon the 
preponderance of the evidence received, that a person or entity named 
in the complaint has violated subsection (b)(1) or (2), the 
administrative law judge shall state his findings of fact and issue and 
cause to be served on such person or entity an order described in 
paragraph (1).
    ``(3) The decision and order of an administrative law judge shall 
become the final agency decision and order of the Secretary of the 
Treasury unless, within 30 days, the Secretary of the Treasury modifies 
or vacates the decision and order, in which case the decision and order 
of the Secretary of the Treasury shall become a final order under this 
subsection. The Secretary of the Treasury may not delegate his 
authority under this paragraph.
    ``(4) A person or entity adversely affected by a final order 
respecting an assessment may, within 45 days after the date the final 
order is issued, file a petition in the Court of Appeals for the 
appropriate circuit for review of the order.
    ``(5) If a person or entity fails to comply with a final order 
issued under this subsection against the person or entity, the Attorney 
General shall file a suit to seek compliance with the order in any 
appropriate circuit court of the United States. In any such suit, the 
validity and appropriateness of the final order shall not be subject to 
review.
    ``(d) Enforcement by Private Persons.--(1) The prohibitions 
contained in subsection (b) (1) and (2) may be enforced by civil 
actions in appropriate United States district courts without regard to 
the amount in controversy and in appropriate State or local courts of 
general jurisdiction. A civil action shall be commenced within 1 year 
after plaintiff obtains knowledge of the alleged violation of 
subsection (b)(1) has occurred, or reasonably should have obtained 
knowledge, except that the court shall continue such civil case brought 
pursuant to this section from time to time before bringing it to trial 
if an administrative hearing pursuant to subsection (c)(2) has 
commenced and is being diligently conducted so as to reach an 
expeditious conclusion.
    ``(2)(A) Except as provided in paragraph (3)--
            ``(i) any person to whom any prohibited product has been 
        offered for purchase or in reasonable likelihood will be 
        offered for purchase, or
            ``(ii) any public interest group or human rights 
        organization,
may commence a civil suit on behalf of that person, group, or 
organization--
            ``(I) to enjoin any person, including the United States and 
        any other governmental instrumentality or agency (to the extent 
        permitted by the Eleventh Amendment to the Constitution), who 
        is alleged to be in violation of any provision of this section 
        or regulation issued under the authority of this section;
            ``(II) to compel the Secretary of the Treasury to enforce 
        any prohibitions specified in subsection (b) (1) or (2) through 
        an order for penalties under subsection (c); or
            ``(III) to compel the Secretary of the Treasury to perform 
        any act or duty under subsection (b) (1) or (2) which is not 
        discretionary with the Secretary and which the Secretary has 
        failed to carry out.
    ``(B) The district court shall have jurisdiction, without regard to 
the amount in controversy or the citizenship of the parties, to enforce 
any such provision or regulation, or to order the Secretary to perform 
such act or duty, as the case may be.
    ``(3) No action may be commenced under paragraph (2)(A)--
            ``(A) if 60 days have not elapsed after written notice of 
        the violation has been given to the Secretary of the Treasury, 
        and to any alleged violator of this section or any regulation 
        issued under this section;
            ``(B) if the Secretary of the Treasury has commenced an 
        action to impose a penalty pursuant to subsection (c); or
            ``(C) if the United States has commenced and is diligently 
        prosecuting a criminal action in a court of the United States 
        or State to address a violation of any such provision or 
        regulations.
    ``(e) Treble Damages.--Any person in competition with a person 
importing or transporting items, or investing or loaning funds, in 
violation of subsection (b) (1) or (2), who is injured as a result of 
such violation, may bring an action in a United States district court 
and shall recover three-fold the amount of the damages sustained by 
such violation.''.
    (b) Repeals.--Sections 1761 and 1762 of title 18, United States 
Code, are repealed.

SEC. 405. TEXTILE AGREEMENT WITH CHINA.

    (a) Findings.--The Congress finds that--
            (1) the Chinese people have bravely demonstrated their 
        peaceful commitment to democracy and human rights and, in so 
        doing, have won the world's respect and admiration;
            (2) the Chinese Government has arrested more than one 
        thousand students and other civilians in the aftermath of the 
        brutal June 3, 1989, military assault on Tienanmen Square;
            (3) international human rights monitoring organizations 
        such as Amnesty International and Asia Watch have documented 
        instances of arbitrary arrests, torture, and beatings by the 
        Chinese police and military on a daily basis;
            (4) the Chinese Government has reinstituted the death 
        sentence as punishment for political dissent;
            (5) the Chinese Government has reestablished telephone 
        hotlines and other local communications networks for the 
        express purpose of identifying and imprisoning political 
        dissidents throughout the country;
            (6) Chinese officials have uniformly denied that any abuses 
        of human rights or activities to suppress the Chinese people's 
        expression of their desire for democratic government have 
        occurred since the massacre in Tienanmen Square; and
            (7) despite the outrageous brutality of elements of the 
        Chinese Army in the massacre of unarmed, peaceful protesters, 
        the Chinese leadership, including Communist Party leaders Deng 
        Xiaoping and Li Peng, has publicly commended the actions of the 
        Chinese Army.
    (b) Sense of the Congress.--In light of the findings set forth in 
subsection (a), it is the sense of the Congress that the President 
should terminate the bilateral textile agreement between the United 
States and the People's Republic of China, prohibit further imports of 
textiles and apparel from the People's Republic of China, and 
redistribute to Mexico and Caribbean Basin Initiative beneficiary 
countries the textile and apparel quota entitlements of the People's 
Republic of China.

SEC. 406. LIMITS ON AUTOMOBILE IMPORTS FROM JAPAN.

    The President shall negotiate limits on automobile imports from 
Japan that are equivalent to the limits set by the European Community 
with respect to automobiles imported into its member countries from 
Japan.

                     TITLE V--NEGOTIATING AUTHORITY

SEC. 501. NEGOTIATION OF AGREEMENTS REGARDING TARIFF BARRIERS.

    (a) In General.--Section 1102(a) of the Omnibus Trade and 
Competitiveness Act of 1988 (19 U.S.C. 2902(a)) is amended to read as 
follows:
    ``(a) Agreement Regarding Tariff Barriers.--Whenever the President 
determines that one or more existing duties or other import 
restrictions of any foreign country or the United States are unduly 
burdening and restricting the foreign trade of the United States and 
the purposes, policies, and objectives of this title will be promoted 
thereby, the President before June 1, 1993, may enter into trade 
agreements with foreign countries.''.
    (b) Conforming Amendment.--Section 1105(a)(2) of the Omnibus Trade 
and Competitiveness Act of 1988 (19 U.S.C. 2904(a)(2) is amended by 
striking ``proclamation or'' each place it appears.

SEC. 502. REPEAL OF FAST TRACK PROCEDURES.

    (a) Repeal of Procedures in Trade Act of 1974.--Sections 151 
through 154 of the Trade Act of 1974 (19 U.S.C. 2191-2194) are 
repealed.
    (b) Repeal of Provisions in Omnibus Trade and Competitiveness Act 
of 1988.--(1) Subsections (b), (c), (d), and (e) of section 1103 of the 
Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 2903) are 
repealed.
    (2) Paragraph (4) of section 1102(c) of the Omnibus Trade and 
Competitiveness Act of 1988 (19 U.S.C. 2902(c)) is repealed.
    (3) Paragraph (4) of section 1107(a) of the Omnibus Trade and 
Competitiveness Act of 1988 (19 U.S.C. 2906(a)) is repealed.

SEC. 503. NATIONAL ECONOMIC COUNCIL.

    (a) Establishment.--There is established in the Executive Office of 
the President a council to be known as the National Economic Council 
(hereafter in this section referred to as the ``Council'').
    (b) Membership of the Council.--(1) The Council shall be composed 
of--
            (A) the President;
            (B) the Vice President;
            (C) the Secretary of State;
            (D) the Secretary of the Treasury;
            (E) the Secretary of Defense;
            (F) the Secretary of Agriculture;
            (G) the Secretary of Commerce;
            (H) the Secretary of Labor;
            (I) the United States Trade Representative; and
            (J) any other appropriate Federal official appointed by the 
        President to serve on the Council.
    (2) The President shall preside over meetings of the Council. In 
the President's absence, the President may designate a member of the 
Council to preside in the President's place.
    (c) Functions of the Council.--The Council shall advise the 
President with respect to the integration of national and international 
policies relating to economics and trade so as to enable the President 
and the departments and agencies of the Federal Government to cooperate 
more effectively.
    (d) Employees of the Council.--The Council shall have a staff to be 
headed by an Executive Secretary who shall be appointed by the 
President. The Executive Secretary, subject to the direction of the 
Council and in accordance with the provisions of title 5, United States 
Code, may appoint and fix the compensation of such personnel as may be 
necessary to perform such duties as may be prescribed by the Council in 
connection with the performance of its functions.
    (e) Recommendations and Reports.--The Council shall, from time to 
time, make such recommendations and such other reports to the President 
as the Council considers to be appropriate or as the President may 
require.

SEC. 504. APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT.

    Section 102(2)(C) of the National Environmental Policy Act of 1969 
(42 U.S.C. 4332(2)(c)) is amended by inserting ``(including bilateral 
and multilateral negotiations with other countries on trade or other 
matters)'' immediately after ``human environment''.

SEC. 505. REPRESENTATION ON ADVISORY COMMITTEES.

    (a) Advisory Committee for Trade Policy and Negotiations.--Section 
135(b)(1) of the Trade Act of 1974 (19 U.S.C. 2155(b)(1)) is amended by 
inserting ``environmental interests, health and safety interests,'' 
immediately after ``retailers,''.
    (b) General Policy Advisory Committees.--Section 135(c)(1) of the 
Trade Act of 1974 (19 U.S.C. 2155(c)(1)) is amended by inserting 
``environmental, consumer, health and safety,'' immediately after 
``defense,'' each place it appears.
    (c) Sectoral and Functional Advisory Committees.--Section 135(c)(2) 
of the Trade Act of 1974 (19 U.S.C. 2155(c)(2)) is amended by inserting 
``environmental, consumer, health and safety,'' immediately after 
``agricultural,''.

                   TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 601. SCOFFLAW PENALTIES FOR MULTIPLE CUSTOMS LAW OFFENDERS.

    (a) Order by Secretary of the Treasury.--(1) The Secretary of the 
Treasury shall by order prohibit any person who is a multiple customs 
law offender from--
            (A) introducing, or attempting to introduce, foreign goods 
        into the customs territory of the United States; and
            (B) engaging, or attempting to engage, any other person for 
        the purpose of introducing, on behalf of the multiple customs 
        law offender, foreign goods into such customs territory.
If the multiple customs law officer is a firm, corporation, or other 
legal entity, the order shall apply to all officers and principals of 
the entity. The order shall also apply to any employee or agent of the 
entity if that employee or agent was directly involved in the 
violations of the customs laws concerned.
    (2) The prohibition contained in the order issued under paragraph 
(1) shall apply during the period which begins on the 60th day after 
the date on which the order is issued and ends on the 3rd anniversary 
of such 60th day.
    (b) Notifications by Agencies.--Each Federal agency shall notify 
the Secretary of the Treasury of all final convictions and assessments 
made incident to the enforcement of the customs laws under the 
jurisdiction of such agency.
    (c) Penalties.--Whoever violates, or knowingly aids or abets the 
violation of, an order issued by the Secretary of the Treasury under 
this section shall be fined not more than $250,000 or imprisoned not 
more than 10 years, or both.
    (d) Rulemaking.--The Secretary of the Treasury shall prescribe 
rules to carry out this section, including rules governing the 
procedures to be used in issuance of orders under subsection (a). Such 
rules shall also include a list of the customs laws.
    (e) Definitions.--For purposes of this section, the term--
            (1) ``customs laws'' means any Federal law providing a 
        criminal or civil penalty for an act, or failure to act, 
        regarding an introduction of, or the attempt to introduce, 
        foreign goods into the customs territory of the United States, 
        including sections 496 and 1001 (but only with respect to 
        customs matters), and any section of chapter 17 of title 18, 
        United States Code, and section 592 of the Tariff Act of 1930 
        (19 U.S.C. 1592); and
            (2) ``multiple customs law offender'' means a person that, 
        during any period of seven consecutive years after the date of 
        enactment of this Act, was either convicted of, or assessed a 
        civil penalty for, three separate violations of one or more 
        customs laws finally determined to involve fraud or criminal 
        culpability.

SEC. 602. AUTHORITY TO ESTABLISH MANUFACTURING SUBZONES.

    The Foreign Trade Zones Act (19 U.S.C. 81a et seq.) is amended by 
adding at the end the following new section:
    ``Sec. 22. (a) After the date of enactment of this section, the 
Board shall not authorize the establishment of a subzone for 
manufacturing unless the Board finds, based on clear and convincing 
evidence, that the establishment of such a subzone will result in--
            ``(1) significant net public benefits, taking into account 
        significant adverse effects;
            ``(2) additional substantial exports from the United 
        States;
            ``(3) the encouragement of activity related to import 
        displacement or substitution;
            ``(4) the generation or sustaining of employment and 
        investment in the United States;
            ``(5) no negative effect on a remedial action or program 
        instituted by the United States to counter an international 
        unfair trade practice; and
            ``(6) no material harm to an existing industry in the 
        United States.
    ``(b) Decisions by the Board with respect to the establishment of a 
subzone described in subsection (a) shall be made by the Board members 
in their personal capacities, and authority to make such decisions 
shall not be delegated except in extraordinary circumstances.''.

SEC. 603. GENERALIZED SYSTEM OF PREFERENCES.

    Section 503(c)(1)(G) of the Trade Act of 1974 (19 U.S.C. 
2463(c)(1)(G)) is amended by striking ``President'' and inserting in 
lieu thereof ``International Trade Commission''.

SEC. 604. COMPETITIVENESS IMPACT STATEMENTS.

    Section 5421(a) of the Omnibus Trade and Competitiveness Act of 
1988 (2 U.S.C. 194b(a)) is amended by striking ``which may affect the 
ability of United States firms to compete in domestic and international 
commerce''.

SEC. 605. CONGRESSIONAL DISAPPROVAL RESOLUTION.

    Subsection (f) of section 232 of the Trade Expansion Act of 1962 
(19 U.S.C. 1862) is repealed.

SEC. 606. REPRESENTATION OR ADVISING OF FOREIGN PERSONS.

    (a) FARA Definitions.--(1) Section 1(c) of the Foreign Agents 
Registration Act of 1938 (22 U.S.C. 611(c)) is amended--
            (A) by striking ```agent of a foreign'' and inserting in 
        lieu thereof ```representative of a foreign'';
            (B) by striking ``an agent of a foreign'' and inserting in 
        lieu thereof ``a representative of a foreign''; and
            (C) by adding at the end the following new sentence: ``For 
        purposes of clause (1), a foreign principal shall be considered 
        to control a person in major part if the foreign principal 
        holds 50 percent or more equitable ownership in such person.''.
    (2) Section 1(j) of the Foreign Agents Registration Act of 1938 (22 
U.S.C. 611(j)) is amended by striking ``propaganda'' and inserting in 
lieu thereof ``promotional material''.
    (3)(A) Section 1(d) of the Foreign Agents Registration Act of 1938 
(22 U.S.C. 611(d)) is amended by striking ``agent'' each place it 
appears and inserting in lieu thereof ``representative''.
    (B) Section 1(o) of the Foreign Agents Registration Act of 1938 (22 
U.S.C. 611(o)) is amended by striking ``propaganda'' and inserting in 
lieu thereof ``promotional material''.
    (C) Section (2)(a) and (f) of the Foreign Agents Registration Act 
of 1938 (22 U.S.C. 612(a) and (f)) is amended by striking ``an agent'' 
each place it appears and inserting in lieu thereof ``a 
representative''.
    (D) Section 2 of the Foreign Agents Registration Act of 1938 (22 
U.S.C. 612), as amended by subparagraph (C) of this paragraph, is 
further amended by striking ``agent'' each place it appears and 
inserting in lieu thereof ``representative''.
    (E) Section 3 of the Foreign Agents Registration Act of 1938 (22 
U.S.C. 613) is amended--
            (i) by striking ``agents'' and inserting in lieu thereof 
        ``representatives''; and
            (ii) in subsection (f)--
                    (I) by striking ``an agent'' and inserting in lieu 
                thereof ``a representative''; and
                    (II) by striking ``any agent'' and inserting in 
                lieu thereof ``any representative''.
    (F) Section 4 of the Foreign Agents Registration Act of 1938 (22 
U.S.C. 614) is amended--
            (i) by striking ``an agent'' each place it appears and 
        inserting in lieu thereof ``a representative'';
            (ii) by striking ``propaganda'' each place it appears and 
        inserting in lieu thereof ``promotional material'';
            (iii) by striking ``such agent'' each place it appears and 
        inserting in lieu thereof ``such representative'';
            (iv) by striking ``agents'' and inserting in lieu thereof 
        ``representatives''; and
            (v) by striking ``any agent'' and inserting in lieu thereof 
        ``any representative''.
    (G) Section 5 of the Foreign Agents Registration Act of 1938 (22 
U.S.C. 615) is amended--
            (i) by striking ``Every agent'' and inserting in lieu 
        thereof ``Every representative'';
            (ii) by striking ``an agent'' and inserting in lieu thereof 
        ``a representative''; and
            (iii) by striking ``every agent'' and inserting in lieu 
        thereof ``every representative''.
    (H) Section 6 of the Foreign Agents Registration Act of 1938 (22 
U.S.C. 616) is amended--
            (i) by striking ``propaganda'' each place it appears and 
        inserting in lieu thereof ``promotional material''; and
            (ii) by striking ``agent'' and inserting in lieu thereof 
        ``representative''.
    (I) Section 7 of the Foreign Agents Registration Act of 1938 (22 
U.S.C. 617) is amended--
            (i) by striking ``an agent'' each place it appears and 
        inserting in lieu thereof ``a representative''; and
            (ii) by striking ``such agent'' each place it appears and 
        inserting in lieu thereof ``such representative''.
    (J) Section 8 of the Foreign Agents Registration Act of 1938 (22 
U.S.C. 618) is amended--
            (i) by striking ``propaganda'' and inserting in lieu 
        thereof ``promotional material'';
            (ii) by striking ``an agent'' each place it appears and 
        inserting in lieu thereof ``any representative'';
            (iii) by striking ``any agent'' each place it appears and 
        inserting in lieu thereof ``any representative''; and
            (iv) by striking ``such agent'' and inserting in lieu 
        thereof ``such representative''.
    (K) Section 11 of the Foreign Agents Registration Act of 1938 (22 
U.S.C. 621) is amended by striking ``propaganda'' and inserting in lieu 
thereof ``promotional material''.
    (b) Exemptions.--(1) Section 3(d) of the Foreign Agents 
Registration Act of 1938 (22 U.S.C. 613(d)) is amended by inserting 
immediately before the semicolon at the end the following proviso: ``: 
Provided, That any person relying on this subsection shall notify the 
Attorney General of such reliance in such manner and form as the 
Attorney General may prescribe by regulation''.
    (2) Section 3(g) of the Foreign Agents Registration Act of 1938 (22 
U.S.C. 613(g)) is amended by striking ``or any agency'' and all that 
follows except the period at the end.
    (3) Section 1(q) of the Foreign Agents of Registration Act of 1938 
(22 U.S.C. 611(q)) is amended--
            (A) by striking ``and'' at the end of clause (ii) of the 
        proviso; and
            (B) by inserting immediately before the period at the end 
        the following: ``, and (iv) such activities do not involve the 
        representation of the interests of the foreign principal before 
        any agency or official of the Government of the United States 
        other than providing information in response to requests by 
        such agency or official or as a necessary part of a formal 
        judicial or administrative proceeding, including the initiation 
        of such a proceeding''.
    (c) Civil Penalties; Subpoena Power.--Section 8 of the Foreign 
Agents Registration Act of 1938 (22 U.S.C. 618) is amended by adding at 
the end the following new subsection:
    ``(i)(1) Any person who is determined, after notice and opportunity 
for an administrative hearing--
            ``(A) to have failed to file when such filing is required, 
        a registration statement under section 2(a) or a supplement 
        thereto under section 2(b),
            ``(B) to have omitted a material fact required to be stated 
        therein, or
            ``(C) to have made a false statement with respect to such a 
        material fact,
shall be required to pay a civil penalty in an amount not less than 
$2,000 or more than $5,000 for each violation committed. In determining 
the amount of the penalty, the Attorney General shall give due 
consideration to the nature and duration of the violation.
    ``(2)(A) Whenever the Attorney General has reason to believe that 
any person may be in possession, custody, or control of any documentary 
material relevant to an investigation regarding any violation of 
paragraph (1) or of section 5, the Attorney General may, before 
bringing any civil or criminal proceeding thereon, issue in writing, 
and cause to be served upon such person, a civil investigative demand 
requiring such person to produce such material for examination.
    ``(B) Civil investigative demands issued under this paragraph shall 
be subject to the applicable provisions of section 1968 of title 18, 
United States Code.''.
    (d) Annual Report.--Section 11 of the Foreign Agents Registration 
Act of 1938 (22 U.S.C. 621) is amended by striking ``shall, from time 
to time, make a report'' and inserting in lieu thereof ``shall report 
annually''.
    (e) Separate Section of Criminal Division, Department of Justice.--
There is established within the Criminal Division of the Department of 
Justice a separate section which shall enforce the provisions of the 
Foreign Agents Registration Act of 1938 and chapter 11 of title 18, 
United States Code, as amended by this section, and the provisions of 
all other laws relating to lobbying activities in the United States.
    (f) Amendments to Chapter 11 of Title 18 United States Code.--
(1)(A) Chapter 11 of title 18, United States Code, is amended by 
inserting immediately after section 207 the following new section:
``Sec. 207a. Limitation on the representation or advising of foreign 
              persons by certain former Federal officers and employees 
              and members of the uniformed services
    ``(a)(1) Except as provided in subsection (d), any person who 
serves as an officer or employee, or a member of a uniformed service, 
described in subsection (c), may not, during the period specified in 
paragraph (2), knowingly act as an agent or attorney for or otherwise 
represent or advise for compensation--
            ``(A) a government of a foreign country or a foreign 
        political party;
            ``(B) a person outside of the United States, unless such 
        person is an individual who is a citizen of the United States; 
        or
            ``(C) a partnership, association, corporation, 
        organization, or other combination of persons organized under 
        the laws of or having its principal place of business in a 
        foreign country,
if the representation or advice relates directly to a matter in which 
the United States is a party or has a direct and substantial interest. 
For purposes of this paragraph, the term `compensation' means any 
payment, gift, benefit, reward, favor, or gratuity which is provided, 
directly or indirectly, for services rendered.
    ``(2) The period referred to in paragraph (1)--
            ``(A) in the case of a person who is an officer or employee 
        described under subsection (c)(1), (2), or (3), is the five-
        year period after that person's service as such officer or 
        employee has ceased; and
            ``(B) in the case of a person who is an officer or employee 
        described under subsection (c) (4) or (5), is the two-year 
        period after that person's service as such officer or employee 
        has ceased.
    ``(b) Any person described in subsection (c) who violates 
subsection (a) shall be punished as provided in section 216 of the 
title.
    ``(c) The prohibitions set forth in subsection (a) apply to--
            ``(1) the President of the United States;
            ``(2) the Vice President of the United States;
            ``(3) an individual who serves in a position in levels I 
        and II of the Executive Schedule as listed in sections 5312 and 
        5313 of title 5, United States Code;
            ``(4) an individual who--
                    ``(A) is appointed by the President under section 
                105(a)(2)(A) of title 3;
                    ``(B) is appointed by the Vice President under 
                section 106(a)(1)(A) of title 3;
                    ``(C) is not described in paragraph (3) or 
                subparagraph (A) or (B) and serves in a position in 
                level I, level II, level III, level IV, or level V of 
                the Executive Schedule; or
                    ``(D) is a member of a uniformed service in a pay 
                grade of 0-7 or higher and is serving on active duty; 
                and
            ``(5) each Member of Congress.
    ``(d) The prohibitions set forth in subsection (a) shall not apply 
to a person described under subsection (c) to the extent the person is 
engaging only in--
            ``(A) the soliciting or collecting of funds and 
        contributions within the United States to be used only for 
        medical aid and assistance, or for food and clothing to relieve 
        human suffering, if such solicitation or collection of funds 
        and contributions is in accordance with applicable law;
            ``(B) activities in furtherance of bona fide religious, 
        charitable, scholastic, academic, or scientific pursuits or of 
        the fine arts; or
            ``(C) activities in furtherance of the purposes of an 
        international organization of which the United States is a 
        member.
    ``(e)(1) For purposes of subsection (c)(4)(D), the term `uniformed 
service' means the Army, Navy, Air Force, Marine Corps, Coast Guard, 
National Oceanic and Atmospheric Administration, and the Public Health 
Service.
    ``(2) For purposes of this section, the service of a member or 
former member of a uniformed service shall be considered to have ceased 
upon such member's discharge or release from active duty.''.
    (B) The table of sections at the beginning of chapter 11 of title 
18, United States Code, is amended by inserting immediately after the 
item relating to section 207 the following new item:

``207a. Limitation on the representation or advising of foreign persons 
                            by certain former Federal officers and 
                            employees and members of the uniformed 
                            services.''.
    (2) Section 216 of title 18, United States Code, is amended by 
inserting ``207a,'' immediately after ``207,'' each place it appears.
    (3)(A) Subject to subparagraph (B), this subsection and the 
amendments made by this subsection take effect January 1, 1993.
    (B) The amendments made by this subsection do not apply to a person 
whose service as an officer or employee to which such amendments apply 
terminated before the effective date of such amendments.
    (C) Subparagraph (B) does not preclude the application of the 
amendments made by this subsection to a person with respect to service 
as an officer or employee by that person on or after the effective date 
of such amendments.

SEC. 607. MARKET DISRUPTION.

    (a) Implementation of Affirmative Determination.--Section 406(b) of 
the Trade Act of 1974 (19 U.S.C. 2436(b)) is amended to read as 
follows:
    ``(b) With respect to any affirmative determination of the 
Commission under subsection (a), the President shall implement the 
Commission's recommendations for action in response to such 
determination.''.
    (b) Repeals.--Subsections (c) and (d) of section 406 of the Trade 
Act of 1974 (19 U.S.C. 2436) are repealed, and subsection (e) of such 
section 406 is redesignated as subsection (c).

SEC. 608. REPORTS AND INVESTIGATIONS OF INTERNATIONAL TRADE COMMISSION.

    Section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)) is 
amended--
            (1) by inserting ``, Committee on Energy and Commerce, 
        Committee on Banking, Finance and Urban Affairs, and Committee 
        on Foreign Affairs'' immediately after ``Ways and Means''; and
            (2) by inserting ``, Committee on Commerce, Science, and 
        Transportation, Committee on Banking, Housing, and Urban 
        Affairs, and Committee on Foreign Relations'' immediately after 
        ``Finance''.

SEC. 609. PAYMENT OF CERTAIN CUSTOMS DUTIES.

    (a) Transaction Value of Imported Merchandise.--(1) Section 
402(b)(1) of the Tariff Act of 1930 (19 U.S.C. 1401a(b)(1)) is 
amended--
            (A) in subparagraph (D), by striking ``and'';
            (B) in subparagraph (E), by striking the period and 
        inserting in lieu thereof a semicolon;
            (C) by adding at the end the following:
            ``(F) the cost of transporting the merchandise to the port 
        of entry in the United States; and
            ``(G) the cost of insuring the merchandise prior to entry 
        into the United States.''; and
            (D) by striking ``(A) through (E)'' and inserting in lieu 
        thereof ``(A) through (G)''.
    (2) Section 402(b)(4)(A) of the Tariff Act of 1930 (19 U.S.C. 
1401a(b)(4)(A)) is amended by striking ``exclusive of'' and inserting 
in lieu thereof ``including''.
    (b) Deductive Value.--Section 402(d)(3)(A) of the Tariff Act of 
1930 (19 U.S.C. 1401a(d)(3)(A)) is amended--
            (1) by striking clause (ii); and
            (2) by redesignating clauses (iii) through (v) as clauses 
        (ii) through (iv), respectively.
    (c) Computed Value.--Section 402(e)(1) of the Tariff Act of 1930 
(19 U.S.C. 1401a(e)(1)) is amended--
            (1) in subparagraph (C), by striking ``and'';
            (2) in subparagraph (D), by striking the period and 
        inserting in lieu thereof a semicolon; and
            (3) by adding at the end the following:
            ``(E) the costs of transporting the merchandise to the port 
        of entry in the United States; and
            ``(F) the cost of insuring the merchandise prior to entry 
        into the United States.''.

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