[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1148 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1148

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 10 (legislative day, July 10), 1995

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

_______________________________________________________________________

                                 A BILL


 
To revitalize the American economy and improve 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 ``Economic Revitalization Act''.

SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Economic Security Council.
           TITLE I--ANTIDUMPING AND COUNTERVAILING DUTY LAWS

Sec. 101. Proprietary information.
Sec. 102. Downstream dumping.
Sec. 103. Application of the countervailing duty law to nonmarket 
                            economies.
Sec. 104. Determination of injury in antidumping and countervailing 
                            duty investigations.
Sec. 105. Circumvention of antidumping and countervailing duty orders.
Sec. 106. Private right of action.
Sec. 107. Annual report on antidumping and countervailing duty program.
               TITLE II--ADJUSTMENT TO IMPORT COMPETITION

Sec. 201. Import relief.
            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. Child labor.
Sec. 402. Slave labor.
                     TITLE V--NEGOTIATING AUTHORITY

Sec. 501. Negotiation of agreements regarding tariff barriers.
Sec. 502. Repeal of fast track procedures.
Sec. 503. Applicability of National Environmental Policy Act.
Sec. 504. 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. Congressional disapproval resolution.
Sec. 604. Representation or advising of foreign persons.
Sec. 605. Payment of certain customs duties.
Sec. 606. Application of antitrust laws.
Sec. 607. Elimination of quarterly reports.
Sec. 608. Secretary of Labor to publish quarterly reports of runaway 
                            plants.
Sec. 609. Mandatory Exon-Florio review of sale of critical technology 
                            company.
Sec. 610. Additional IRS agents for transfer pricing cases.
Sec. 611. Transfer of ITC functions to Commerce Department; Termination 
                            of ITC.
Sec. 612. Transfer of Overseas Private Investor Corporation and Export-
                            Import Bank to Commerce Department.
Sec. 613. Establishment of NOAA as Independent Agency.
Sec. 614. Surcharge on imports; research and development tax credit.
SEC. 3. ECONOMIC SECURITY COUNCIL.

    (a) Establishment.--There is established in the Executive Office of 
the President a council to be known as the Economic Security 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.--
            (1) In general.--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.
            (2) Annual testimony before senate committees.--The 
        Executive Secretary shall present testimony not less often than 
        once each year before the Committee on Banking, Housing, and 
        Urban Affairs, the Committee on Commerce, Science, and 
        Transportation, and the Committee on Finance of the Senate, on 
        a date and topic to be established by the committees.

           TITLE I--ANTIDUMPING AND COUNTERVAILING DUTY LAWS

SEC. 101. PROPRIETARY INFORMATION.

    Section 777 of the Tariff Act of 1930 (19 U.S.C. 1677f) is 
amended--
            (1) by striking subsection (b)(1)(B)(ii) and inserting the 
        following:
                            ``(ii) a statement that the information 
                        should not be released under administrative 
                        protective order.'';
            (2) by striking subparagraph (A) of subsection (c)(1) and 
        inserting the following:
                    ``(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).'';
            (3) by striking subparagraphs (C), (D), and (E) of 
        subsection (c)(1);
            (4) by inserting after ``paragraph (1),'' in subsection 
        (c)(2) 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
            (5) by striking subsections (d) and (e) and redesignating 
        subsections (f) through (i) as (d) through (g), respectively.

SEC. 102. 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) Definitions.--As used in this section:
            ``(1) Downstream dumping.--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 of merchandise 
        subject to investigation under subtitle B, and such product is 
        purchased at a price that--
                    ``(A) is lower than the generally available price 
                of the product in the country of manufacture or 
                production, or
                    ``(B) 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.
            ``(2) Significant part.--The term `significant part' means 
        a part the cost of which 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 state 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) by striking ``or'' at the end of subparagraph (A)(ii);
            (2) by inserting ``or'' at the end of subparagraph (B); and
            (3) by inserting 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. 103. 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) by striking ``subparagraph (A)'' in subparagraph (C), 
        as so redesignated, and inserting ``subparagraphs (A) and 
        (B)''; and
            (3) by inserting immediately after subparagraph (A) the 
        following:
                    ``(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 supplies by 
                cooperating industries in such selected countries, and 
                by price information submitted by the petitioner and 
                not rebutted by the foreign producer.''.

SEC. 104. DETERMINATIONS OF INJURY IN ANTIDUMPING AND COUNTERVAILING 
              DUTY INVESTIGATIONS.

    (a) 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: ``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.''.
    (b) 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 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.''.
    (c) Threat of Material Injury.--Section 771(7)(F)(i) of the Tariff 
Act of 1930 (19 U.S.C. 1677(7)(F)(i)) is amended--
            (1) by striking ``and'' at the end of subclause (VIII);
            (2) by striking the period at the end of subclause (IX); 
        and
            (3) by adding at the end thereof the following:
                                    ``(X) capital formation and capital 
                                market constraints that result from 
                                dumping.''.

SEC. 105. 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) by adding ``and'' at the end of paragraph (1)(A)(iii);
            (2) by striking ``and'' at the end of paragraph (1)(B);
            (3) by striking paragraphs (1)(C) and (1)(D);
            (4) by striking paragraph (2) and redesignating paragraph 
        (3) as paragraph (2);
            (5) by redesignating subparagraphs (B) and (C) of paragraph 
        (2) as subparagraphs (C) and (D), respectively; and
            (6) by inserting immediately after paragraph (2)(A), as 
        redesignated, 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) by adding ``and'' at the end of paragraph (1)(B);
            (2) by striking paragraphs (1)(C) and (1)(D);
            (3) by redesignating subparagraph (E) as subparagraph (C);
            (4) by striking paragraph (2) and redesignating paragraph 
        (3) as paragraph (2);
            (5) by redesignating subparagraphs (B) and (C) of paragraph 
        (2), as redesignated, as subparagraphs (C) and (D), 
        respectively; and
            (6) by inserting immediately after paragraph (2)(A), as 
        redesignated, 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. 106. 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 item relating to 
section 1585 the following:

``1586. Private enforcement action.''.
SEC. 107. 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 and 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 Customs 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) Secretary of Commerce To Assume ITC Functions.--Section 202 of 
the Trade Act of 1974 (19 U.S.C. 2252) is amended by striking ``the 
Commission'' each place it appears and inserting ``the Secretary of 
Commerce''.
    (b) Petitions and Adjustments Plans.--Section 202(a) of the Trade 
Act of 1974 (19 U.S.C. 2252(a)) is amended)
            (1) by striking ``the Office of the United States Trade 
        Representative and'' in paragraph (3);
            (2) by striking ``and the United States Trade 
        Representative (hereafter in this chapter referred to as the 
        `Trade Representative')'' in paragraph (4); and
            (3) by striking ``Trade Representative'' the first four 
        times it appears in paragraph (5) and inserting ``the Secretary 
        of Commerce''; and
            (4) by striking ``Trade Representative'' the last time it 
        appears in that paragraph and inserting ``Secretary of 
        Commerce''.
    (c) 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 
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''.
    (d) Determinations 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 ``; 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.''.
    (e) Secretary of Commerce Recommendations.--Section 202(e) of the 
Trade Act of 1974 (19 U.S.C. 2252(e)) is amended--
            (1) by striking ``203(e)'' in paragraph (3) and inserting 
        ``203(d)'';
            (2) by striking clauses (ii) and (iii) of paragraph (5) and 
        inserting the following:
                            ``(ii) the extent to which workers and 
                        firms in the domestic industry are--
                                    ``(I) benefiting 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 
                        Secretary of Commerce under section 201(b)) to 
                        make a positive adjustment to import 
                        competition,'';
            (3) by striking ``and'' at the end of paragraph (5)(B)(iv);
            (4) by striking the period at the end of paragraph 
        (5)(B)(v) and inserting in lieu thereof a comma; and
            (5) by adding at the end of paragraph (5)(B) 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.''.
    (f) 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 the following: ``section 
202(e)(2) (A), (B), or (C), or section 202(e)(4)(A) with respect to 
orderly marketing agreements,''.

            TITLE III--UNFAIR INTERNATIONAL TRADE PRACTICES

SEC. 301. IDENTIFICATION OF TRADE LIBERALIZATION PRIORITIES.

    (a) Extension of Period for Identification.--Section 310 of the 
Trade Act of 1974 (19 U.S.C. 2420) 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,'' in subsection (a)(1) and inserting ``By no later 
        than September 30 of each calendar year,'';
            (2) by striking ``such report'' in subsection (B) and 
        inserting ``the most recent report submitted under section 
        181(b)'';
            (3) by inserting ``, Committee on Commerce, Science, and 
        Transportation, Committee on Banking, Housing, and Urban 
        Affairs, and Committee on Foreign Relations'' in subsection 
        (a)(1)(D) after ``Finance'';
            (4) by inserting ``, Committee on Commerce, Committee on 
        Banking and Financial Services, and Committee on International 
        Relations'' in subsection (a)(1)(D) after ``Ways and Means''; 
        and
            (5) 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 Commerce, Committee on Banking and Financial Services, or Committee 
on International Relations 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 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 
``(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 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.

    (a) Report to Appropriate Committees of Senate.--Section 181(b)(1) 
of the Trade Act of 1974 (19 U.S.C. 2241(b)(1)) is amended by striking 
the comma after ``President'' and ``the Committee on Finance of the 
Senate, and appropriate committees of'' and inserting ``and to the 
appropriate committees of the Senate and the''.
    (b) Report To Include Top 10 Trade Deficits.--Section 181(b) of 
such Act (19 U.S.C. 2241(b)) is amended--
            (1) by redesignating paragraph (3) as (4); and
            (2) by inserting after paragraph (2) the following:
            ``(3) The National Trade Estimate shall include an 
        enumeration of the 10 most significant trade deficits between 
        the United States and other countries on an industry-by-
        industry basis.''.

                TITLE IV--PROVISIONS RELATING TO IMPORTS

SEC. 401. CHILD LABOR.

    (a) Findings; Purpose; Policy.--
            (1) Findings.--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 developments . . .''.
                    (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) Purpose.--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) Policy.--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) Periodic reviews.--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) Petition.--
                    (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) Preidentification procedure.--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 
                written comment from the public; and
                    (C) take into account the information obtained 
                under subparagraphs (A) and (B).
            (4) Withdrawal of identification.--
                    (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 with-drawal 
                        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) Publication of decisions; maintenance of list.--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) Report.--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). 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) Entry prohibited.--
                    (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) Documentation.--
                    (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 had 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) Prohibition.--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) Civil penalty.--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) Criminal penalty.--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 or not less than $10,000 and not 
        more than $35,000, or imprisonment for 1 year, or both.
            (4) Application of customs law enforcement provisions.--The 
        violations set forth in paragraph (1) shall be treated as 
        violations of the customs laws for pursposes 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--
            (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--
                    (A) in exchange for remuneration (regardless to 
                whom paid), subsistence, goods or services, or any 
                combination of the foregoing;
                    (B) under circumstances tantamount to involuntary 
                servitude; or
                    (C) 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. 402. 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 IMPORTANT OR TRANSPORTATION OF PROHIBITED 
              PRODUCTS.

    ``(a) Findings and Policy.--
            ``(1) Findings.--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) Policy.--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 force 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.
                     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) Agreements 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. 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. 504. 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 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 offender 
                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 the 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. CONGRESSIONAL DISAPPROVAL RESOLUTION.

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

SEC. 604. 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 ``representatives 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 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 of 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 section 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, United States Code;
                    ``(B) is appointed by the Vice President under 
                section 106(a)(1)(A) of such 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 
services' 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, 1996.
            (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. 605. 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) by striking ``and'' in subparagraph (C);
            (2) by striking the period in subparagraph (D) 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.''.
SEC. 606. APPLICATION OF ANTITRUST LAWS.

    (a) Export Foreclosure.--
            (1) In general.--The Attorney General shall take 
        appropriate action to initiate export foreclosure antitrust 
        cases under section 7 of the Sherman Act (15 U.S.C. 6a), and 
        under any other appropriate antitrust law. The Attorney General 
        shall develop and maintain a list of practices that are to be 
        the subject of such actions and the countries in which those 
        practices occur, organized in order of priority based upon the 
        economic impact of the practices.
            (2) Report.--The Attorney General shall, from time to time, 
        publish the list developed and maintained under paragraph (1).
    (b) Best Evidence Rule Waived for Unreasonable Failure of Foreign 
Defendants To Comply With Discovery Orders in Export Foreclosure 
Antitrust Cases.--If the defendant in an export foreclosure antitrust 
case unreasonably fails to respond to a discovery request, then the 
application of rule 1002 of the Federal Rules of Evidence shall be 
waived with respect to proof of the contents of a writing, recording, 
or photograph that is the subject of the request.
    (c) Unrelated Home Market Arrangements May Be Taken in Account in 
Determining Predatory Pricing.--In an export foreclosure antitrust case 
brought under section 1 of the Sherman Act (15 U.S.C. 1) against a 
foreign defendant for predatory pricing, the court may take into 
account the amount, reasonableness, and relationship to fair-market-
value of rents received by the defendant in its home market for the 
purpose of determining whether the plaintiff has established the 
recoupment element.
    (d) Definitions.--For purposes of this section:
            (1) Export foreclosure antitrust case.--The term ``export 
        foreclosure antitrust case'' means an action brought under the 
        antitrust laws of the United States against a person engaged in 
        anticompetitive acts or practices outside the United States 
        that cause harm to United States export trade without regard to 
        whether United States consumers are directly injured by such 
        acts or practices.
            (2) Antitrust laws.--The term ``antitrust law'' has the 
        meaning given it in subsection (a) of the first section of the 
        Clayton Act (15 U.S.C. 12(a)).
            (3) Foreign defendant.--The term ``foreign defendant'' 
        means a defendant not--
                    (A) a citizen or lawful resident of the United 
                States;
                    (B) a corporation organized under the laws of the 
                United States or of any State; or
                    (C) a proprietorship, partnership, joint venture, 
                or other form of business organization not organized in 
                the United States or of any State.

SEC. 607. ELIMINATION OF QUARTERLY REPORTS.

    (a) In General.--
            (1) Section 13(a)(2) of the Securities Exchange Act of 1934 
        (15 U.S.C. 78m(a)(2)) is amended by striking ``and such 
        quarterly reports (and such copies thereof),''.
            (2) Notwithstanding any other provision of law or 
        regulation to the contrary, including section 240.13a-13 of 
        title 17, Code of Federal Regulations, neither the Securities 
        Exchange Commission nor any other agency or department of the 
        United States may require an issuer of securities required to 
        file an annual report under section 13 of the Securities 
        Exchange Act of 1934 (15 U.S.C. 78m) to file quarterly reports.
    (b) Effective Date.--Subsection (a) takes effect with respect to 
the first calendar quarter beginning more than 45 days after the date 
of enactment of this Act.
SEC. 608. SECRETARY OF LABOR TO PUBLISH QUARTERLY REPORTS OF RUNAWAY 
              PLANTS.

    Section 283 of the Trade Act of 1974 (19 U.S.C. 2394) is amended by 
adding at the end the following:
    ``(c) The Secretary of Labor shall publish a quarterly report of 
notices received under subsection (a).''.

SEC. 609. MANDATORY EXON-FLORIO REVIEW OF SALE OF CRITICAL TECHNOLOGY 
              COMPANY.

    Section 721(b) of the Defense Production Act of 1950 (50 U.S.C. 
App. 2170(b)) is amended--
            (1) by inserting after ``United States.'' the following: 
        ``The President or the President's designee shall also make 
        such an investigation in any instance in which any person seeks 
        to engage in a merger, acquisition, or takeover which could 
        result in control of a person doing business in interstate 
        commerce in the United States engaged in critical 
        technologies.''; and
            (2) by striking ``Such investigation'' and inserting ``An 
        investigation under this subsection''.

SEC. 610. ADDITIONAL IRS AGENTS FOR TRANSFER PRICING CASES.

    The Secretary of the Treasury shall increase the number of officers 
and employees of the Internal Revenue Service whose primary 
responsibility is the determination of taxable income substantially 
affected by transfer pricing between related entities.

SEC. 611. TRANSFER OF ITC FUNCTIONS TO COMMERCE DEPARTMENT; TERMINATION 
              OF ITC.

    (a) Transfer of Functions.--There are transferred from the 
International Trade Commission to the Secretary of Commerce--
            (1) the personnel employed in connection with those 
        functions transferred to the Secretary by this Act; and
            (2) the assets, liabilities, contracts, property, records, 
        and unexpended balance of appropriations, authorizations, 
        allocations, and other funds employed, held, or used in 
        connection with the functions transferred to the Secretary 
        under this Act, arising from such functions or available, or to 
        be made available, in connection with such functions.
Unexpended funds transferred pursuant to this subsection shall be used 
only for the purpose for which the funds were originally appropriated.
    (b) Termination.--
            (1) In general.--Upon the transfer of functions, as 
        specified herein, to the Secretary of Commerce, the 
        International Trade Commission shall terminate.
            (2) Savings provisions.--
                    (A) All orders, determinations, rules, regulations, 
                licenses, and privileges which are in effect at the 
                time this section takes effect, shall continue in 
                effect according to their terms, insofar as they 
                involve regulatory functions to be retained by this 
                section, until modified, terminated, superseded, set 
                aside, or revoked in accordance with law by the 
                Secretary or by a court of competent jurisdiction, or 
                by operation of law.
                    (B) The provisions of this section shall not affect 
                any proceedings or any application for any license 
                pending before the International Trade Commission at 
                the time this section takes effect, insofar as those 
                functions are retained and transferred by this section; 
                but such proceedings and applications, to the extent 
                that they relate to functions so transferred, shall be 
                continued. Orders shall be issued in such proceedings, 
                appeals shall be taken therefrom, and payments shall be 
                made pursuant to such orders, as if this section had 
                not been enacted; and orders issued in any such 
                proceedings shall continue in effect until modified, 
                terminated,
                 superseded, or revoked by a duly authorized official, 
by a court of competent jurisdiction, or by operation of law. Nothing 
in this subsection shall be deemed to prohibit the discontinuance or 
modification of any such proceeding under the same terms and conditions 
and to the same extent that such proceeding could have been 
discontinued or modified if this section had not been enacted.
            (3) Transition regulations.--The Secretary may promulgate 
        regulations providing for the orderly transfer of pending 
        proceedings from the International Trade Commission.
            (4) Pending litigation.--Except as provided in paragraph 
        (6)--
                    (A) the provisions of this section shall not affect 
                suits commenced prior to the date this section takes 
                effect, and,
                    (B) in all such suits, proceedings shall be had, 
                appeals taken, and judgments rendered in the same 
                manner and effect as if this section had not been 
                enacted.
            (5) No abatement.--No suit, action, or other proceeding 
        commenced by or against any officer in his official capacity as 
        an officer of the International Trade Commission, insofar as 
        those functions are transferred by this section, shall abate by 
        reason of the enactment of this section. No cause of action by 
        or against the International Trade Commission, insofar as 
        functions are transferred by this section, or by or against any 
        officer therof in his official capacity, shall abate by reason 
        of enactment of this section.
            (6) Continuation.--Any suit by or against the International 
        Trade Commission begun before the effective date of this 
        section shall be continued, with the Secretary substituted for 
        the Commission.
    (c) Reference.--With respect to any functions transferred by this 
section and exercised after the effective date of this section, 
reference in any other Federal law to the International Trade 
Commission shall be deemed to refer to the Secretary of Commerce.
    (d) Effective Date.--This section shall take effect 90 days after 
the date of enactment of this Act.

SEC. 612. TRANSFER OF OVERSEAS PRIVATE INVESTOR CORPORATION AND EXPORT-
              IMPORT BANK TO COMMERCE DEPARTMENT.

    (a) Overseas Private Investor Corporation.--
            (1) Transfer to commerce department.--The Overseas Private 
        Investor Corporation is transferred to, and shall be deemed to 
        be a part of, the Department of Commerce, but shall retain its 
        organization, management, and status as a corporation.
            (2) Secretary of commerce to be chairman of board of 
        directors.--Section 233 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2193(b)) is amended by striking ``Administrator of 
        the Agency for International Development'' and inserting 
        ``Secretary of Commerce''.
            (3) Conforming amendments.--Section 239 of that Act (22 
        U.S.C. 2199) is amended by striking ``Agency for International 
        Development'' in subsections (e) and (h) and inserting 
        ``Department of Commerce''.
    (b) Export-Import Bank.--
            (1) Transfer.--Notwithstanding section 3(a) of the Act of 
        July 31, 1945 (59 Stat. 517; 12 U.S.C. 635a(a)), the Export-
        Import Bank of the United States shall constitute an 
        independent agency of the United States within the Department 
        of Commerce.
            (2) Secretary of commerce to be chairman of board of 
        directors.--Section 3(c) of that Act (12 U.S.C. 635a(c)(1)) is 
        amended--
                    (A) by striking ``President of the Export-Import 
                Bank of the United States who shall serve as Chairman, 
                the First Vice-President who shall serve as Vice 
                Chairman,'' in paragraph (1) and inserting ``the 
                Secretary of Commerce who shall serve as Chairman, ex 
                officio, the President of the Export-Import Bank of the 
                United States who shall serve as Vice Chairman, and the 
                First Vice-President,'';
                    (B) by inserting ``other than the Secretary of 
                Commerce,'' after ``Board,'' in paragraph (2); and
                    (C) by inserting ``other than the Secretary of 
                Commerce,'' after ``President,'' in paragraph (8)(B).
    (c) Technical and Conforming Changes.--The Secretary of Commerce 
shall, within 30 days after the date of enactment of this Act, submit 
to the appropriate committees of the Congress a draft of any technical, 
conforming, or other changes in existing law necessary to effectuate 
fully and effectively the transfers made by subsections (a) and (b).
    (d) Effective Date.--This section shall take effect 90 days after 
the date of enactment of this Act.

SEC. 613. ESTABLISHMENT OF NOAA AS INDEPENDENT AGENCY.

    (a) In General.--The National Oceanic and Atmospheric Agency is 
hereby established as an independent agency of the United States. 
Neither the Agency nor any of its functions, powers, or duties shall be 
transferred to or consolidated with any other department, agency, or 
corporation of the Government unless the Congress shall otherwise by 
law provide.
    (b) Transfer of Functions.--There are transferred from the 
Department of Commerce to the Agency--
            (1) the personnel employed in connection with those 
        functions of the Agency on the date of enactment of this Act; 
        and
            (2) the assets, liabilities, contracts, property, records, 
        and unexpended balance of appropriations, authorizations, 
        allocations, and other funds employed, held, or used in 
        connection with the functions transferred to the Agency under 
        this Act, arising from such functions or available, or to be 
        made available, in connection with such functions.
Unexpended funds transferred pursuant to this subsection shall be used 
only for the purpose for which the funds were originally appropriated.
            (3) Savings provisions.--
                    (A) All orders, determinations, rules, regulations, 
                licenses, and privileges which are in effect at the 
                time this section takes effect, shall continue in 
                effect according to their terms, insofar as they 
                involve regulatory functions to be retained by this 
                section, until modified, terminated, superseded, set 
                aside, or revoked in accordance with law by the Agency 
                or by a court of competent jurisdiction, or by 
                operation of law.
                    (B) The provisions of this section shall not affect 
                any proceedings or any application pending before the 
                Agency at the time this section takes effect, insofar 
                as those functions are retained and transferred by this 
                section; but such proceedings and applications, to the 
                extent that they relate to functions so transferred, 
                shall be continued. Orders shall be issued in such 
                proceedings, appeals shall be taken therefrom, and 
                payments shall be made pursuant to such orders, as if 
                this section had not been enacted; and orders issued in 
                any such proceedings shall continue in effect until 
                modified, terminated, superseded, or revoked by a duly 
                authorized official, by a court of competent 
                jurisdiction or
                 by operation of law. Nothing in this subsection shall 
be deemed to prohibit the discontinuance or modification of any such 
proceeding under the same terms and conditions and to the same extent 
that such proceeding could have been discontinued or modified if this 
section had not been enacted.
            (3) Transition regulations.--The Agency may promulgate 
        regulations providing for the orderly transfer of pending 
        proceedings from the Department of Commerce.
            (4) Pending litigation.--Except as provided in paragraph 
        (6)--
                    (A) the provisions of this section shall not affect 
                suits commenced prior to the date this section takes 
                effect, and,
                    (B) in all such suits, proceedings shall be had, 
                appeals taken, and judgments rendered in the same 
                manner and effect as if this section had not been 
                enacted.
            (5) No abatement.--No suit, action, or other proceeding 
        commenced by or against any officer in his official capacity as 
        an officer of the Department of Commerce, insofar as those 
        functions are transferred by this section, shall abate by 
        reason of the enactment of this section. No cause of action by 
        or against the Department of Commerce, insofar as functions are 
        transferred by this section, or by or against any officer 
        thereof in his official capacity, shall abate by reason of 
        enactment of this section.
            (6) Continuation.--Any suit by or against the Department of 
        Commerce begun before the effective date of this section shall 
        be continued, with the Agency substituted for the Secretary of 
        Commerce.
    (c) Reference.--With respect to any functions transferred by this 
section and exercised after the effective date of this section, 
reference in any other Federal law to the Agency as a part of the 
Department of Commerce shall be deemed to refer to the Agency as an 
independent agency.
    (d) Effective Date.--This section shall take effect 90 days after 
the date of enactment of this Act.

SEC. 614. SURCHARGE ON IMPORTS; RESEARCH AND DEVELOPMENT TAX CREDIT.

    (a) Surcharge on Imports.--
            (1) Surcharge imposed.--There is hereby imposed on the 
        importation of any good that is the product of another country 
        an import surcharge of 10 percent of the duty otherwise 
        chargeable under the Harmonized Tariff Schedule.
            (2) Effective date.--The increase in duty imposed by 
        paragraph (1) applies to goods entered or withdrawn from 
        warehouse more than 30 days after the date of enactment of this 
        Act.
    (b) Research and Development Tax Credit.--
            (1) Increase in percentage.--Section 41(a)(1) of the 
        Internal Revenue Code of 1986 (relating to general rule for 
        credit for increasing research activities) is amended by 
        striking ``20 percent'' each place it appears and inserting 
        ``25 percent''.
            (2) Credit made permanent.--Section 41 of such Code 
        (relating to credit for increasing research activities) is 
        amended by striking subsection (h).
            (3) Effective date.--The amendments made by this subsection 
        apply to any amount paid or incurred after June 30, 1995.
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